scottyurb
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Joined: 20 Apr 2007
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 Posted: Fri Apr 20, 2007 1:18 am Post subject: Appeal the Board of Review or the Circuit Court? |
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Below is my written argument to the State of Michigan Board of Review. They paid no attention to the merits of my case regarding the Administrative clerical errors that I documented to them. They simply concurred with the referee's determination that I missed the time deadline to file a Request for Redetermination or Reconsideration. The referee explained to me that he had no juridiction to rule on the Clerical Errors--only the time deadline. Right in the Mich. code R 421.1109 (E) it states that "good cause" exists when the employee --having been misled by incorrect information from the agency, referee or board of review. Not only does my Written Arguement show the malfeasance of my claims agent, but it also demonstrates how they fudged the paperwork, passed the buck, and blatantly have been using the Bureacracy order to cover their butts. I need to know which direction to take for my next move. I want this ordeal resolved asap and without having to acquire and attorney. I think the State of MI will allow me to acquire a free advocacy attorney for an appeal to the Board of Review, but I'm not sure they have the jurisdiction to investigate my claim of malfeasance on their behalf. Should I accept their decision and try and get the waiver? Should I file an Appeal with them or the Circuit Court? Is there another manuever I can make with the Board of Review, that will help my cause? So terribly disgusted--Please help!!
March 17th, 2007
Mr. Scott A. Urbanczyk
29331 Lloyd Drive
Warren, MI 48092
Appeal Docket No.: B 2006-18458-190848W
Soc. Sec. No.: 368-96-2609
Distinguished Members of the Board of Review,
The following is a factual account of the my case in its entirety, starting with my reasons for quitting East Pointe Pizza, the facts encompassing my claim, the ruling of Administrative Law Judge Disner and ending with my argument for a decision in my favor. I’ve personally submitted this document to the representatives of East Pointe Pizza and they are satisfied with my dissertation of the facts and have formally consented to accept this exact document as a legitimate interpretation of this case.
I voluntarily quit East Pointe Pizza for these reasons.
• I was the victim of an attempted robbery where I was confronted by a masked individual who had placed an order to a location where upon my arrival he attempted to car jack my vehicle. I called 911, only to be told that officers would not respond to the crime scene or to the store to make a report. That incident occurred in late September of 2005.
• Shortly after that incident, as I was performing dishwashing duties. I was confronted by a co-worker who was annoyed with my inability to stay until closing on night’s that I delivered. Management was well aware of my needs regarding the shifts I was scheduled which were altered to accommodate my Day job. Upon explaining this to the co-worker, he verbally assaulted me and pursued the notion of a physical confrontation with abusive language and ill willed temperament. This entire incident took place in the back of the store, well within earshot of the night manager, who finally exited his office after a number of minutes and diffused the situation.
The culmination of these events led to my realization that further employment at East Pointe Pizza was not worth the psychological stresses, life threatening risks and the overall jeopardy of my well being. Considering that the position was a minimum-wage, part-time, as needed job. I decided that it was in my best interest to quit. I was up for the next available work opportunity on the list at my local union’s hiring hall and knowing that I would gain employment in the very near future through it, I quit in the midst of making a delivery, contacted the store to let them know of my decision and made all restitutions upon receiving my last check.
Agents In.
Ways of requalifying
As a tradesman, working out of a hiring hall, it is impossible to determine the exact date of my next job opportunity. My only option is to be ready and available to work when that opportunity presents itself. At that time, I was the next available candidate to receive employment from my Local Union. The conditions regarding re-qualifying for benefits after a voluntary quit are impossible to adhere to in my situation as I have no reasonable ability to predict when the exact date of my next job will be available, as it is based on the needs of the market. Therefore, I was unable to meet the 60 day job change requirement. Job duration is also a factor that I have no absolute control over. The wages I made from the job at Superior Electric were not enough to meet the earnings requirement.
The claim started in March of 06’
Upon realizing that I did not have the 1099G form to finish my taxes, I called the MESC to obtain a copy. At that time the clerk on the phone asked me, “If I would like to open a new claim?” I responded to her, “If I’m eligible? And if so, then yes.” She told me at that time that I was eligible and proceeded to verify my past employers. I’d been detached from East Pointe Pizza for around 90 days at that time. She rifled through all of my past employers verifying the lay-offs and for some reason East Pointe Pizza was never mentioned. I was instructed that paperwork regarding the Monetary Redetermination would be mailed to me (see enclosed copy) and that I could begin using the MARVIN system.
Notice of Restitution Due
Upon receiving documentation that my claim needed further verification of the reasons for voluntarily quitting East Pointe Pizza I filled out the proper form and mailed it in. The explanation I gave at that time was brief at best. Shortly thereafter I received notice that I was obligated to pay restitution. On May 18th 2006, I picked up a job that required my services 10 hours a day, 7 days a week. I took residence away from my mailing address and through a lack of sheer pre-occupation I was unable to meet the 30-day deadline to appeal the decision. A couple of days after I got laid off from that job I acquired another position and worked right up until the time I requested a reconsideration in the correspondence of August 18th which was granted, as referred to in the testimony transcripts from January 16th. At that time I was informed by Judge Disner that he did not have the jurisdiction to decide the overall matter and I opted to request for an appeal to the Board of Review.
Agents In.
Waiver of Repayment
The enclosed Monetary Redetermination incorrectly states that East Pointe Pizza Claimant’s Separation Reason as a lack of work. The date of the document being mailed is May 12th. Almost a full six months after I left East Pointe Pizza and two weeks after my benefits were stopped I finally received a document that verified a problem. In the past, I received my Monetary Redeterminations before my first check or shortly thereafter. The source of the false representation of my exit from East Pointe Pizza is the heart of this matter which when discussed and discovered, should release me from all liability from restitution. If you can listen to that initial phone conversation or research my claims documentation or any other correspondences you will discover that there are no statements made by me regarding my Claimant’s Separation Reason from East Pointe Pizza. At this time I would like to point out that the occurrence of an administrative clerical error by the claims agent or any follow up administrator of claims, to notice or verify all of the relevant facts regarding my claim were not addressed until it was too late and all the accountability was passed on to me in the form of an untimely lack of appeal.. I should have not been declared eligible for benefits in the first place and I cannot justify being deemed liable for any monies as the mistakes that led to the overpayment were made through no fault of my own. There was no purposeful attempt by me not to fulfill my informational disclosure obligations. At that time, I truthfully answered all questions that were asked of me in good faith. When the Unemployment Agency representatives fail to adhere to their own protocols they cannot expect the individual to be held to those same standards without redress. Two wrongs don’t make a right.
I quit East Pointe Pizza prior to the New Year. I made the claim on March 19th, almost 90 days later. East Pointe Pizza’s quarterly report information should have raised a red flag with my claim before the first check was printed. The information regarding my 2 lay-offs from Superior Electric was discussed during the initial phone call and I had only been separated from them for 13 days! The employer must have failed to provide wage and separation information timely making it impossible for the claims agent to inquire about my Claimant’s Separation Reason for leaving East Pointe Pizza, it was reported as a lay-off by someone other than myself or the claim’s agent assumed that it was a lay-off and entered the data as such. Whatever happened, the information was there and if it wasn’t there, there was sufficient enough time to recognize the problem long before my sixth check was delivered.
Agents In.
Currently I am unemployed, seeking work. Since my lay-off from Bair Electric on 7/28/06 I have only worked two, 5 day duration jobs at Cobo Hall for Motor City Electric. My place on the out of work book at I.B.E.W. Local 58 is volume 94, page 76, line 4. My card no. is D842545. I’m about 850 places from the top of the book, originally signing it at 1,100 back in August of 06’. With the current work outlook I do not see becoming employed anytime soon. You can verify this information and our work outlook by calling (313) 963-2133 and asking for the dispatcher or I will submit documentation upon request. Looking at my Social Security information will confirm that I am not working at present. Despite the generosity of my parents and my girlfriend I will be seeking Welfare benefits from the State of Michigan for a source of income. Unemployment benefits are my only source of income at present and I have gone without them for almost a year now. I would truly be unable to repay any type of owed monies out of pocket or from future unemployment payments. I owe Friend of the Court over fifteen thousand dollars in arrearages so they receive half of my unemployment checks and every week this dispute is unresolved is another week that my Daughter’s mother receives no assistance. So much time has passed in trying to get this matter resolved that it has carried over into the time period where I can file a new claim, but nothing will happen until this matter is resolved.
I urge you to formally re-instate my ability to collect the resulting balance of the claim from March of 2006 and allow me to start my new benefit year immediately or reconfigure the claim to reflect the amount of benefits I would have actually been entitled to under law, taking into account all the monies generated from all employers ending with my employment at Bair Electric on 07/28/06 minus the monies I have already received. Please take careful consideration of the merits of my case. I will be patiently waiting for a decision. Thank you for your time.
Respectfully,
Scott A. Urbanczyk
Agents In.
Written Consent
As noted by my initials at the bottom of each page and our signatures on this page. I have read the Written Argument prepared for the Board of Review by Scott A. Urbanczyk. Pursuant to Board Rule 307, he has served me, an agent of East Pointe Pizza, with a complete copy of this document. Furthermore, I agree that the said document represents authentic facts regarding his employment at East Pointe Pizza.
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