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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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Im submitting an appeal tomorrow had my unemployment taken

Customer Question

hi
im submitting an appeal tomorrow for having had my unemployment taken away following issues with the work search certification process. Long story short I reentered work search history on several occasions yet still received a letter terminating my benefits for failure to complete work search history. I never received a letter the DOL claims to have mailed me a week prior to cancelling my bennifits, they said it asked for my work search information once again and when they didnt hear from me the termination letter automatically generated. now they wont reconsider reinstating my rights as I didn't file an appeal of their termination letter in a time ly manner.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there -

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Preparing the work search document is extremely easy and takes very little information to do so. You can go to the websites of various local employers and submit job applications that way through their website and that counts as a contact even if they do not call you back. Then, you can write down the names of local employers and their telephone numbers and state that you called about open positions. In most instances when you put the information into the work search form, the unemployment department is simply overwhelmed and cannot check every single thing that you write on that document. My point is that it does NOT have to be perfect and you have the right to submit every contact you make each week to meet their three required contacts. It is simply easier to complete the document as best as you can than to not submit the document at all because they can and will shut off your benefits (they do not kid around on these issues).

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My suggestion is that you file the appeal anyway and see what happens. If they completely deny the appeal because it is untimely (and they DO have the right to set deadlines -- otherwise people would try to file appeals years later) then my suggestion to you is to reopen a brand new unemployment claim and while you may lose a few weeks benefits while you are waiting for them to reopen your otherwise "closed" claim, you still have the same number of work credits remaining on your record and you still have the same number of weeks of payment left in your unemployment "kitty" until it runs out and you are then no longer permitted to collect benefits until you actually work for another employer for 10 weeks so that a new claim can be established.

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THere is nothing in the law that states that you cannot file an appeal on your closed claim due to the reasons for closing it AND file a new application to reinstate benefits at the same time with your local unemployment offices (you can do it through the computer). The difference here is that with an appeal, if you WIN the appeal you will receive ALL weeks of unemployment that they owe to you since they cutoff the benefits when you did not respond to the worksearch request. With a new claim, they will only pay out to you future weeks going forward based upon what you still have listed as remaining benefit amounts in your unemployment claim.

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I hope that helps. I wish that I could give you a quick and easy way to get your benefits reinstated again, but when you miss the appeals deadline, then you have to work around the system and reapply for the benefits at that point. Please let me know if you have further questions. If not, can you please press a positive rating above before leaving the website so I will be paid for my time. I am not paid for my time at all unless you press the middle star or the fourth or fifth star on the right in the ratings section above. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

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MARY

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