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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57361
Experience:  Licensed attorney helping employers and employees.
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I am located in Maryland. I applied for unemployment last

Customer Question

I am located in Maryland. I applied for unemployment last August because I was displaced. Unemployment was denied because I was receiving severance. After my severance ended, I reopened my claim and started collecting benefits. I received a letter from unemployment stating that my year was up in August of this year. I have only been receiving benefits since late May. They have denied my new claim for unemployment because the year is up. The only reason I applied last year was because my company recommended that I apply. What can I do to reverse this decision and collect on benefits? There are no disclosures on the MD unemployment site telling people not to apply if they are receiving severance. I would not
Have applied had my company not recommended it or if I had known I would be penalized after the year was up.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 1 year ago.

You can appeal the decision. Normally,severance will impact benefits but eliminate them. Typically they reduce the benefit during the term of severance. If needed, you could also pursue court action to overrule the decision if appeal not successful.

Customer: replied 1 year ago.
Please call me.
Expert:  Infolawyer replied 1 year ago.

Not set up for a call. can I clarify anything. reply back and let me know.

Customer: replied 1 year ago.
What type of court action is recommended if my appeal doesn't reverse the decision. I would not have applied for unemployment a year ago if I knew I would be penalized.
Expert:  Infolawyer replied 1 year ago.

It would be a court action seeking to set aside the decision as a declaratory judgment on ground that it is arbitrary and contrary to the facts.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me 5 stars.

Expert:  Infolawyer replied 1 year ago.

thanks in advance.