Applied under incorrect Separation Reason, Employer Appealing (extension, file, claim)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I reapplied for unemployment in TN after my benefit year expired. I still had income from 2020 that was was able to use and applied for it. As I am not even remotely close to knowledgeable about the process, I filled out the form as best I knew how but I'm pretty sure I mis-clicked the reason I was applying for it, chosing "lack of work" instead of "quit for good cause". The file went through the process and was approved for lack of work but my employer filled an appeal that is currently under review. I've got the money put aside currently as I am fairly certain it was my screw up and that I'll have to pay it back.
The reason I left was due to the phys demands of the job exacerbating a medical condition that I have. My primary care provider told me on multiple occasions that I needed to find a different job or else I would continue to get worse physically. Unfortunately, I was unable to do so financially until I could get the VA to raise my rating. I eventually was able to get 100% VA disability permanent and total and leave the job on the advice of my medical provider. I am still able to work, and have been actively engaged in attaining employment, all the while being a full time student and getting a degree. I can work, even while in school. The job I left was part time and I got my associates degree while there so I know it's possible to do, I'd just need to find employment that isn't physically debilitating and have been applying for such jobs.
My question is, I know that I didn't leave for "lack of work" and if that is what was filed, it was a mistake on my part and I don't see how I can argue otherwise in the tribunal. Should I let them know and ask to be allowed to change it to the "for good cause" reason which I feel I am actually eligible for? How should I approach it? Any information is helpful.
Also, they didn't appeal the previous claim that I used up from last year, I'm assuming because they thought it was also legitimate. Is that something they can go after retroactively? Again, any help is really appreciated. I left that job in good standing and on a positive note so I don't want to ruin the relationship due to a misunderstanding but I really have no idea how this stuff works.
If you are 100% under the "employment rule" (not 100% combined disability) you are ineligible for unemployment benefits as the purpose of that rating is you are unable to perform work. TN may require repayment of all benefits. So, to be sure, are you 100% combined disability (having the VA's fuzzy math combined disabilities that created a 100% rating) or are you 100% unemployable rated?
The VA provides TWO types of 100% disability ratings.
The first way is based on a singular or combined disability that when totaled using the schedules, it equals 100%. This does not impact unemployment so long as it was not the cause of your unempyment or is not interfering with your ability to be gainfully employed. If it was the cause of your unemployment, you are qualified for employer provided or state disability.
The second way is when you are rated at 100% based on "Total Disability Based on Individual Unemployability". Notice this doesn't mean you are 100% disabled based on a single or a combination of disabilities, but rather based on your current disability status making you unemployable. Since you are unemployable, you are not Able or Available. This means you are not qualified for unempyment benefits.
Now, some states have carved out VA disability as some sacred type of disability different from any other employee disability. Based on that, you may qualify in your state, but that's outside the traditional unemployment way of doing things.
So again, we need to know if you are 100% Disabled rated based on the schedules or unemployable.
Under normal circumstances, you are qualified for benefits even while having a 100% disability via schedules from the VA. But, the secondary issue is did you quit? If you quit due to that disability, technically under TN Unemployment Security Law, you are disqualified from benefits.
According to 50-7-303, and I'll quote it: (ii) (a) A claimant who has left the claimant's most recent work due to sickness, disability, or pregnancy shall be considered to have left voluntarily without good cause for purposes of disqualification under subdivision (a)(1)(A)(i)
I found nothing in TN regulations that exempts VA disability claimants from the standard applied to all others when a quit was due to medical unrelated to the employment. Now, if any of your ratings were a direct result of and attributable to you last employment, that may be used to justify "good cause", but absent that connection TN uses the standard to disqualify as: "Voluntarily quit without good work-related cause".
However, I would be more interested in how they are allowed to appeal so late in the game. TN regulations only allow the employer to file an appeal within 15 days after the mailing of the determination. Now, it is possible that TN (like many states) were sloooooowwww in mailing the notices and just got around to it. Or since TN looks at the unemployed as freeloading slugs, they may be waiving the timeliness issue so employers can fight claims.
The original claim wasn't challenged and went all the way to the BYE. This current claim that is being appealed is the extension claim on the last three quarters of income I earned. They filed on time for this one and I assume they can't go after the previous claim that was exhausted, and if the appeal claim number is anything to go by that's not what they are doing anyway, they are appealing the extension. What questions can I expect to be asked by the tribunal?
I assume they will ask the same as if the first was challenged. They will want to know why you are no longer employed with your last employer. If a quit, they will ask for the reason to determine if it was work related or personal.
As for not challenging it the first time, there could be many reasons including this is the first the State notified the employer of your claim. Or, it could be the State paid the claim and did not charge it to the employer's experience rating. This time it may be chargeable to the employer so they are going to fight it. Now, here's the twist, even if the employer's experience rating was not impacted by your prior payments, the State themselves have 3 years to decide if you were paid in error and seek the money back. So if at this hearing it's decided you were not entitled to benefits, the State can issue an overpayment (non-fraud so no 15% penalty) and come after you for the money you were paid by mistake.
What would happen if I didn't attend the phone call? While it would be immensely helpful to have the benefits for this claim, having to pay back an entire years worth of benefits will cripple me financially. If I don't answer the phone for the hearing, will that help not having them revisit the already paid out claim? If not, what is the best way to go about ensuring that doesn't happen.
The original claim, the one that was fully paid out to the BYE was determined eligible due to employment being effected by Covid-19, which at the time it was. This time, the second one that is being appealed, was under the lack of work eligibility which is not accurate and I can't really argue against. It should have been filled under voluntary quit -for good cause, which I thought I had a valid case for. Does the fact that they are under two different reasons but from the same employer matter? Why was one under Covid and the other under a different one?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
