Majority upholds dismissal of unemployment benefits appeal

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The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.

S.S. appealed the denial of her unemployment benefits and a telephonic hearing was set. S.S. lives in Hammond and the administrative law judge was in Indianapolis. The notice she received said her hearing would be at 9:15 a.m. Eastern Standard Time and that the ALJ would call all the parties. The notice also gave instructions regarding different time zones in Indiana and said it's S.S.’s responsibility to know which time zone she is in and when the hearing will take place.

S.S. missed the ALJ’s call because she was in a federal building attending a food stamp hearing and believed the hearing was set for 10:15 a.m. Central Standard Time. Her appeal was dismissed, and her request for reinstatement was denied by the appeals director and the review board.

Chief Judge Margret Robb and Judge Patricia Riley affirmed in S.S. v. Review Board, No. 93A02-1006-EX-738. They concluded that S.S. was afforded due process and a reasonable opportunity for a hearing. They also held there weren’t any errors in the review board’s consideration of evidence or its denial of her request to reinstate her appeal. They noted she could have asked that the ALJ change the date or time of the unemployment hearing so she could attend both the food stamp and unemployment hearing, but she did not. The majority also decided that she wasn’t denied a reasonable opportunity to participate in a hearing even if she was confused by the time zones.

The majority also noted concern regarding the lack of statutory or regulatory authority governing the grant or denial of reinstatement of a Department of Workforce Development administrative appeal. The appeals director’s order cited a regulation that expired on Jan. 1, 2009, and hasn’t been readopted, wrote Chief Judge Robb. The review board’s appellate brief includes DWD Policy 2008-28, but that has not been promulgated as a rule.

“Absent authority in the statutes specifically governing the DWD, or in its properly promulgated regulations, there is simply no statutory or regulatory authority governing, among other things, the grant or denial of a request for reinstatement. Especially given that this issue is likely to recur with some frequency, we urge the DWD to promulgate an applicable rule. If the DWD fails to do so, then the legislature may need to take corrective action to fill this legal gap,” she wrote.

Judge Elaine Brown dissented, focusing on the review board’s denial of S.S.’s request for reinstatement. She believed S.S. timely filed her request as opposed to the arguments of the appeals director and review board that she filed it too early or too late.

“Plausible arguments about due process aside, and looking at the total picture, we have before us the situation of a stressed-out, financially strapped, unemployed woman who made the very common mistake of confusing the time for her hearing to be an hour later rather than an hour earlier than the stated time given the time zone she was in, a mistake made every day by those who must negotiate the two time zones existing among the various counties of Indiana,” she wrote.

She noted S.S.'s appeal may or may not have merit, but all she wants is to have the appeal heard.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.