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tdermott
06-03-2009, 04:17 AM
I am writing concerning my wife's denial of unemployment compensation. After the initial decision, we timely filed a request for redetermination which was denied. Within 21 days an appeal of the redetermiination was filed with the office in Columbus. Since English is my wife's second language, my brother help her with the paper work (I am teaching in Korea). We have a registered mail receipt showing it was received in the office in Columbus. However after about a month or more after filing, when contacted, the State could not find any record of it and asked us to send it again. My brother sent in another form but no response was ever supplied. After several months my wife spoke to a state representative who indicated that while the appeal had her name, date of redetermination and social security number, it had not been signed by her and they would not take any action on her appeal. She could send in another copy but it would be considered untimely.

I have the following questions:

I do not believe the appeal of the redetermination has to be signed as that is not indicated in the guidelines and failure to sign does not make the request for appeal invalid.

Does the State still have to issue some sort of a response once they have received the appeal

If they don't issue an appeal, can we go ahead and a request for appeal with the UCRC. It seems as the though they will not take any action until a determination from the lower level.

Finally I believe that my wife has been treated unfairly by the state because of her lack of English proficiency. Is there any state agency I can file a complaint with.

This has been difficult because I am overseas at present. I would appreciate any advice.

tdermott
06-10-2009, 03:33 AM
I see I have received no response to my inquiry. My wife is entitled to unemployment. She misunderstood the initial form and answered no to the question of whether she was available for a normal shift, thinking it meant she had to work first shift as opposed to any shift.

Can the state just sit on her appeal of the redetermination and not issue any response?

What are my alternatives?

Pattymd
06-10-2009, 04:23 AM
Her best bet at this point is probably to go down to the local unemployment office, with someone who can assist her with the language issue, and ask to speak with someone.

To the best of my knowledge, we don't have any Indiana employment attorneys who respond here, and your questions are specific to the state.

Betty3
06-10-2009, 09:36 PM
To the best of my knowledge, we don't have any Indiana employment attorneys who respond here, and your questions are specific to the state.

Just to have correct state - employee is from Ohio.

Pattymd
06-11-2009, 04:39 AM
Just to have correct state - employee is from Ohio.

Oops. :o

Well, I don't think we have any of those, either. :)

Betty3
06-11-2009, 09:34 AM
Well, I don't think we have any of those, either. :)

Not that I know of.

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