Author: Jasper Berg, Esq.

  • Unemployment Audit: Avoid Getting Fooled

    Unemployment Audit: Avoid Getting Fooled

    An unemployment audit in Minnesota is the process when the unemployment office asks lots of questions. Do not fall for these traps.

    Because answers to questions from the unemployment office may turn into a bigger legal matter or appeal, take the audit review process seriously.

    An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”).  For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.

    Unfortunately, an UI Benefit Audit in Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies.

    The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.

    Unfortunately, these matters are happen under Minnesota Statute 268.168.  

    Since COVID-19, audits have been on the rise. An Unemployment audit starts with a complaint and or an applicant miss classifying their job status.

    Other times, audits happen as a result of misleading information shared on forms or during an appeal hearing.

    Sometimes, people are able to distinguish their eligibility for unemployment versus an employer wrongdoing.  Other times, people cannot.

    Here are a few issues that usually raise other questions.

    • Did benefits start and stop and start again?
    • Being classified as an independent contractor.
    • Did you receive wages from an unidentified source?
    • Did you receive severance or a lump sum cash payment at the conclusion of your job ending?
    • What does your job search process look like?
    • Ancillary claims for Worker Compensation.
    • Health Matters.

    If any of these questions inspire a story or discussion, then I encourage using appropriate strategies to reduce future conflict.

  • Why I Use Red Ink for Allergies on a Health Care Directive

    Why I Use Red Ink for Allergies on a Health Care Directive

    Adding allergies to your health care directive can save your life. Do you recall adding allergies to your directive? Can you even find the section for allergies?

    Covering scenarios like allergic reactions, life support, resuscitation, and organ donation on your directive helps your agent communicate with your doctor(s).

    If you are unsure or need help addressing allergies, take the time to find out, find out fast.

    Health care directives are crucial documents that outline your medical wishes in case you become unable to communicate them yourself. They provide guidance to medical professionals and loved ones regarding treatments you do or do not want.

    By creating one, you retain control over your medical care, even in challenging circumstances, offering peace of mind to both you and your family.

    Of course, you already know your own allergies, but in case you do not. An allergy is an exaggerated immune system response to a harmless substance, known as an allergen.

    Symptoms range from death to mild or severe. Mild and severe allergic reactions can include sneezing, itching, hives, swelling, and in severe cases, anaphylaxis, and loss of bodily function.

    Allergies can affect various parts of the body and are commonly triggered by pollen, food, medications, or insect stings.

    All allergies, big and small, should be listed on your health care directive. This includes:

    • Drug allergies,
    • Food allergies,
    • Botanical allergies,
    • Pet allergies, and
    • Any other allergy known or expected.

    The reason I use red ink to identify allergies is obvious:  I want everybody and anybody caring for my health to know about my allergies.

    Look, lets not make this hard.  When times get difficult, everybody must know about your allergy.

    Using red ink to make a point on paper can enhance visibility and draw attention due to its strong contrast against most backgrounds. Additionally, red is often associated with importance, urgency, or emphasis, making it an effective choice for highlighting key information or critical details in documents or presentations.

    Thus, print allergies on a health care directive in red ink.

    Knowing that you do not have any known allergies is just as important as declaring your allergies.

    Expressing your feedback to an EMT through a Health Care Directive is crucial for safe and effective medical care. Allergies can influence treatment decisions, medication prescriptions, and potential adverse reactions.

    Providing accurate information ensures your doctor can tailor treatment plans to your specific needs, minimizing risks and optimizing health outcomes.

    In other words, if there are no known allergies, then the section devoted to allergies should be clearly state “no known allergies”.  Also, do not get fancy by using an acronym.  Health care professionals do not have time to decode your health care directive when a medical emergency takes place.

    If it doesn’t have a section, make a section.  Running out of room is a horrible excuse for declaring specific issues regarding our health.  As a result, I am not going to entertain this any further.

    If you wear a bracelet or another document that contradicts your health care directive, then more problems can develop.  

    Wearing a bracelet declaring your allergy is a proactive safety measure.

    In emergencies, it alerts medical professionals and bystanders to your condition, ensuring appropriate treatment and potentially preventing serious reactions. It serves as a constant reminder to take precautions and empowers you to navigate daily life with confidence and peace of mind.

    Regularly updating your health care directive is vital as your health evolves. Changes in medical conditions, treatments, or personal preferences may render previous directives obsolete or inadequate.

    By ensuring your directive reflects your current wishes, you maintain control over your medical care, preventing misunderstandings or unwanted interventions.

    This proactive approach empowers you to align your end-of-life preferences with your values and circumstances, easing decision-making for loved ones during challenging times.

    Regular updates also foster open communication with healthcare providers, facilitating a collaborative approach to care that respects your autonomy and ensures your wishes are honored effectively.

    The best time to get a health care directive and add information about your allergies is now. Regardless of age or health status. Unexpected medical emergencies can arise at any moment, making it crucial to have your wishes documented in advance.

    By creating a directive early, you ensure that your preferences are known and respected, providing peace of mind for both you and your loved ones.

    Procrastination can lead to missed opportunities and added stress during critical moments. Taking proactive steps to plan for your future healthcare empowers you to maintain control over your medical decisions and ensures that your wishes are honored, whatever the circumstance.

  • Help Your Unemployment Reconsideration In Minnesota

    Help Your Unemployment Reconsideration In Minnesota

    An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.

    Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.

    Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.

    Then, you can scrub the audio for legal and procedural errors.

    Both the Applicant and Employer can file a request for reconsideration.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    Yes, every Applicant should consider whether the new evidence might change or help influence the Judge.  As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:

    (1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and

    (2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.

    New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed. New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.

    Time is not on your side.  Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.

    Ideally, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.

  • Appealing Noncovered Employment

    Appealing Noncovered Employment

    Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.

    This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.

    As a result, applicants or workers must be cautious before offer evidence, in case it inadvertently supports a noncovered classification.

    Minnesota has a simple rule:  anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.

    When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction.  For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.

    Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.

    Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.

    Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search.   Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.

    When I strategies with a Client, I like to help them pinpoint the following:

    • Job duties;
    • Past job postings supporting job duties;
    • Comparing job classifications to other internal workers;
    • Asking auditors for feedback on other classified workers;
    • Organization charts;
    • Handbooks; and
    • Determining which Job Level was the decision maker.

    Of course, every job and employer is different.  Disproving negative evidence is the key.

  • A Minnesota Unemployment Overpayment May Get Worse

    A Minnesota Unemployment Overpayment May Get Worse

    An unemployment overpayment for claims in Minnesota means the unemployment office is wanting money back, whether incorrectly or otherwise.

    Applicants with appeal rights have different issues to consider versus people considering repayment strategies.

    In either case, consider meeting with an attorney before freely offering up information or responding to the Minnesota unemployment office.

    Applicants who are successful with an appeal may reverse reverse an overpayment.

    However, success is very dependent on how an individual responds to a request for information expressed by DEED.

    You already know the seriousness of an overpayment because of the dollar value. Yes, an overpayment is serious, but reversable.

    Since COVID, this law office is seeing overpayments as high as $90,000 after penalties, fines, and accusations of misrepresentation.

    As you can see under rule 268.105, an Applicant can appeal an overpayment. 

    Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.

    Minnesota and the unemployment office can audit benefit accounts years from ever date of payment.

    In other words, the Minnesota unemployment office has rights that support their ability to audit your account.

    Sometimes, an overpayment for benefits can be attached to misrepresentation. In other words, instead of one active case, a person may have two or more case types.

    One of many reasons misrepresentation or fraud impacts an overpayment is in repayment strategies and laws.

    These types of benefit cases really cause a lot of stress and their impact can be far reaching. And, matters of this kind can date back months, years, and even decades.

    Whether pre-covid or post covid, consider seeking help, such that you do not inadvertently make the situation more damaging.

  • What To Do When Denied Unemployment in Minnesota

    What To Do When Denied Unemployment in Minnesota

    Being denied unemployment benefits in Minnesota is the same as being ineligible. Usually, a person will find out about a denial by viewing their account online. Also, the unemployment office is supposed to send out a written notice too.

    Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.

    Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.

    Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.

    Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.

    Instead, the goal is to perfect the opportunity to meet with an Unemployment Law Judge.

    The button on the unemployment website asking you to file an appeal will introduce four questions:

    • The reason for the appeal;
    • Whether you intend to submit evidence or introduce a witness;
    • Whether you are going to have an unemployment lawyer; and
    • Do you need an interpreter.

    In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.

    Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.

  • Will Your Trust Last Past This Date?

    Will Your Trust Last Past This Date?

    How long does a trust last depends whether the trust document grants a trustee to remove property or assets upon defined triggering events. Otherwise, the rule against perpetuities may decide for you.

    As simple as this issue might appear, when or if a trust will end depends on a number of factors. This includes:

    • Type of Trust Created
    • Capacity of the Grantor
    • Assets Involved
    • Terms of the Trust
    • State Law of the Grantor
    • Residency of the Beneficiary/Trustee

    The first element in reviewing trust duration is identifying the type of trust created. For example, A testamentary trust is going to be subject to ongoing court supervision, creating less flexibility.

    For those unfamiliar with a testamentary trust, this type of arrangement is created at death using a will. Because these types of documents are highly scrutinized, they have become increasingly unpopular through the years.

    Compare this to an inter vivos trust, which allows for a Grantor to be more creative in their timing of asset distribution. When you put the power in the hands of the person or couple creating the trust, by default, have more options.

    The duration of an inter vivos trust, like a revocable trust, is closely linked to the lifespan of the grantor. A grantor is the individual who establishes the trust.

    Unlike an irrevocable trust, which typically has a fixed lifespan, a revocable trust offers the grantor the flexibility to make changes or revoke the trust entirely while they are alive and have capacity. This feature makes the duration of a revocable trust inherently tied to the grantor’s lifetime.

    When trust duration or when a trust can get continued, the number of living beneficiaries must be considered. In other words, the Rule Against Perpetuities (“RAP”). This is generally handled by the trustee and their representation.

    In general, the rule against perpetuities says that a trust could last for the lives of all relevant people who were alive when the trust was formed, plus twenty-one years. Unfortunately, Minnesota’s RAP is a little more complicated.

    How long a trust might last can depend on the terms of the document too. For example, a grantor can end or terminate a trust upon a specific event like reaching a certain age.

    Another reason that a trust might end or fail to continue is the result of an economic inefficiency. When trust assets fail to generate sufficient returns to cover administrative costs or sustain the intended distributions, perhaps this means dissolving the trust.

    Further, trust duration may be impacted by the situs state of the trust too. The situs state of a trust holds paramount importance due to its legal and jurisdictional implications. It determines the governing law, tax regulations, and court jurisdiction for the trust.

    As you can imagine, trust duration is different in every state. Every state has their own rule on determining how long a trust instrument can last. Some states are favorable, while other states are not.

    States that suggest giving trusts an opportunity to last up to 360 years include Alabama, Florida, Georgia, Mississippi, Nevada, and Tennessee.

    A state that has hinted at granting trusts an opportunity to last up to 500 years is Arizona. States that have suggested a trust duration of up to 1,000 years are Alaska, Colorado, and Wyoming.

    Believe it or not, there are other states that suggest an unlimited period that a trust can continue. This includes Arkansas, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, North Caroline, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, and Wisconsin.

    Trust duration is a powerful tool in shaping one’s legacy and securing the future. By understanding the intricacies of trusts, individuals can navigate the complexities of estate planning with confidence.

    May your journey crafting a secure and meaning.

  • Problems With Minnesota Law 268 and Appeals

    Problems With Minnesota Law 268 and Appeals

    Minnesota law 268 is a chapter of rules that impact appeals for unemployment. Many people find out about this chapter of laws by seeing MN Statute 268.095 on a letter from the unemployment office.

    This law impacts how a quit, termination, and or layoff rule applies to a claim for benefits. This is important because of actions that an employer may claim.

    That said, there are many more rules and laws that apply to most claims for benefits.

    Minnesota Law 268 applies to workers and employees who quit their job and or get fired. Under Chapter 268, Minn. Stat. 268.095 defines a quit. Likewise, this statute defines termination too.

    These laws are constantly changing, as cases are appealed and reviewed by Minnesota’s Court of Appeals.

    Sometimes, a situation can be very unclear. This means there is confusion between whether an event is a quit, termination, layoff, or constructive discharge.

    Further, this section of unemployment laws asks us to compare a “good reason” with legal cases already decided. For those considering DIY methods, consider using this resource to conduct your analysis.

    Cases involving employees accused of employment misconduct require a different legal analysis.

    The term employment misconduct in Minnesota is fact specific.  In other words, every case is different because employers have different policies, guidelines, and expectations.

    Utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.

    For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.

    MN Stat. 268.095

    Minnesota Statute 268.095 is important because it helps and hurts applicants seeking benefits.

    Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i

    Minnesota law 268 has changed many times.  In fact, this law has changed more than sixty (60) different times since its original enactment in  the year 1927.

    Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.

  • When Is the Unemployment Court Fee Waived?

    When Is the Unemployment Court Fee Waived?

    The unemployment court fee in Minnesota is different for individuals or applicants, versus employers.

    In Minnesota, there is not a court fee until a party decides to appeal to the Court of Appeals or Supreme Court. The court fee for an employer to make this type of appeal is $550.

    When an individual makes an unemployment appeal to the Court of Appeals, the cost is waived under the Unemployment Court Fee rule.

    There isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.

    Phone Hearing Court Costs

    There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. This rule is not based on income and true for employers and individuals alike.

    Reconsideration Court Fees

    In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.

    Unemployment Court Fees for the Court of Appeals

    The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.

    Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.

    Minnesota Supreme Court Fee for an Appeal

    When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.

    However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.

  • Estate Planning for College Students and Young Adults

    Estate Planning for College Students and Young Adults: Why It Matters and How to Get Started

    Estate planning might seem like a topic reserved for older adults or those with significant wealth, but it’s actually a crucial step for everyone, including college students and young adults.

    While it’s easy to think of estate planning as something to worry about later in life, the reality is that unexpected events can happen at any age. By taking a few simple steps now, young adults can help assure that a specific person can manage their affairs if an urgent matter arises.

    Why Estate Planning is Important for Young Adults

    1. Unexpected Events Happen: No one likes to think about the possibility of accidents or serious illnesses, but they can occur at any age. Having an estate plan ensures that your wishes are followed and your loved ones are protected if something happens to you.
    2. International Travel: These days, young adults are traveling more than ever. One one hand, this can be a wonderful experience and opportunity for growth. On the other hand, strange things can happen. Having critical estate planning documents in place can reduce stress and anxiety.
    3. Financial Assets: Even if you don’t have a significant amount of wealth, you might have savings, a car, or other valuable assets. Estate planning helps you determine what will happen to these possessions.
    4. Digital Assets: Young adults often have extensive digital footprints, including social media accounts, online banking, and digital purchases. An estate plan can outline what should happen to these digital assets.
    5. Healthcare Decisions: If you’re unable to make medical decisions for yourself, having a healthcare directive in place ensures that someone you trust can make those decisions on your behalf.

    Essential Estate Planning Documents for Young Adults

    1. Last Will and Testament: This document outlines how you want your assets distributed after your death. It can also designate a guardian for any minor children and name an executor to manage your estate.
    2. Durable Power of Attorney: This allows someone you trust to handle your financial affairs if you become incapacitated. They can pay bills, manage bank accounts, and handle other financial matters.
    3. Healthcare Power of Attorney: This document designates someone to make medical decisions on your behalf if you’re unable to do so. It ensures that your healthcare wishes are respected.
    4. Living Will: A living will, or advance directive, specifies your wishes for end-of-life care. It can include your preferences for life-sustaining treatment, pain management, and other medical interventions.
    5. HIPAA Authorization: This form allows healthcare providers to share your medical information with the individuals you specify. Without it, your loved ones might face difficulties in accessing your health information.

    Steps to Start Estate Planning

    1. Take Inventory of Your Assets: List all your financial accounts, properties, and valuable possessions. Don’t forget digital assets, such as social media accounts, email accounts, and online subscriptions.
    2. Choose Your Beneficiaries: Decide who will receive your assets. This can be family members, friends, or even charitable organizations.
    3. Select Trusted Individuals: Choose someone reliable to be your power of attorney and healthcare proxy. These individuals will have significant responsibilities, so pick people you trust.
    4. Consult an Attorney: While you can create some documents on your own, consulting with an estate planning attorney ensures that your plan complies with state laws and fully protects your interests. This could be especially important for young college students who reside in Minnesota and enrolled in an out-of-state school. Or, vice versa.
    5. Communicate Your Wishes: Make sure your loved ones know about your estate plan and where to find important documents. Communication is key to avoiding confusion and ensuring your wishes are followed.

    Common Misconceptions About Estate Planning

    1. “I’m too young to need an estate plan.”: Estate planning is not about age; it’s about being prepared for the unexpected. Young adults can benefit just as much from having an estate plan as older individuals.
    2. “I don’t have enough assets to need an estate plan.”: Estate planning is about more than just distributing wealth. It includes making healthcare decisions, managing digital assets, and ensuring your wishes are followed.
    3. “It’s too complicated and expensive.”: While some aspects of estate planning can be complex, there are many simple steps you can take on your own. Basic documents like wills and powers of attorney are affordable to create.

    Benefits of Early Estate Planning

    1. Peace of Mind: Knowing that you have a plan in place can give you peace of mind, allowing you to focus on other aspects of your life without worrying about the future.
    2. Protection for Loved Ones: Estate planning protects your loved ones from having to make difficult decisions during stressful times. It also prevents potential conflicts among family members.
    3. Control Over Your Future: By planning now, you retain control over your future. You decide who manages your affairs, who receives your assets, and how your healthcare is handled.

    College Student Estate Planning

    Estate planning is an essential task that should not be overlooked by young adults. It’s about being proactive and taking control of your future.

    By creating a simple estate plan, you can protect your assets, ensure your healthcare wishes are respected, and provide peace of mind for yourself and your loved ones.

    Don’t wait until it’s too late—start your estate planning today and secure your future.

  • Unemployment Appeals in Minnesota

    Unemployment appeals in Minnesota are strange. This is true because there are many different points in which an appeal becomes available. Knowing where you are in the appeal process is just as important as the other tips outlined below.

    Of course, timing is an issue too, but assuming there isn’t a timing deadline, allow me to address the ultimate issue. Is less better and more is worse, or is it the opposite true? Unfortunately, it depends.

    Unemployment Appeals In General

    An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.

    In either case, help get your appeal back on track by exploring each the how and why.

    Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.

    Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?

    Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.

    The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.

    Writing an Appeal for Unemployment

    Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:

    • A hidden opportunity as a result of a wage and salary statement,
    • An initial appeal to a denied claim,
    • A response to a phone decision,
    • A request for reconsideration,
    • An appeal statement to Minnesota’s Court of Appeals, and
    • A number of points in-between.

    Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.

    Unemployment Deadlines for an Appeal

    Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.

    On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.

    I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.

    Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.

    Filing an Appeal for Benefits

    The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.

    Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.

    Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.

    Unemployment Statement For Your Appeal

    Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.

    The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.

    But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.

    Reasons For Your Unemployment Appeal

    Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.

    There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it. If you need this kind of support, you found the right place.

    More Help with Unemployment

    No attorney-client relationship is formed by contacting this law office. If you contact IAJ Law, LLC by phone, text, social media, e-mail or through any other means, you may not necessarily receive a response.

  • Veteran Benefits Trust

    Veteran Benefits Trust for Military Vets

    A Veteran Benefits Trust is exclusive to former members of the military and their spouse. This type of trust is used for planning VA pension benefits or Medicaid. As a lawyer for a VA Benefits trust, consider the following as an introduction to this trust type.

    Veteran Trusts for VA Benefits

    First, why would a military vet consider a Veteran Trust? Veteran Trusts are designed to shield assets from creditors, like the State or a Nursing Home. Even more importantly, they identifying assets as non-countable when addressing your eligibility for VA Benefits.

    VA benefits called Aid and Attendance can have gigantic economic impacts. That said, the VA makes this process confusing and cumbersome. As a result, the process creating a VA Benefits Trust with the help of an attorney, and then funding the trust as needed, are two critical steps.

    If you are a military family and you like the idea of protecting and preserving your assets, consider contacting this law office for support.

    VA Benefit Trusts Are Irrevocable

    There is a very good reason why a Veteran Benefits Trust is irrevocable. This is done to protect and preserve the asset for beneficiaries. In other words, it is a legal arrangement, where assets are transferred by the grantor. Then, the veteran relinquishes ownership and control permanently. This is done to protect the assets.

    Ultimately, a VA benefit trust offers older military families an opportunity to preserve and secure their legacy. This can be critical when considering the value of a home, cabin, and or financial account.

    Audio About a VA Benefits Trust

    VA Forms for a Veteran Benefits Trust

    In addition to the creation of the trust, a military veteran may need support with communicating the right message between them and the VA.

    Here is a short list of related VA forms often needed when seeking protection under a VA benefit trust.

    Appointment of Claimant’s Representative

    The Veterans Administration uses Form 21-22A to allow a military veteran and or their family member to appointment an attorney as their representative.

    This form is needed for the purpose of working with the VA throughout the eligibility determination process.

    Unfortunately, Aid and Attendance is not a guaranteed benefit. Before applying for this benefit, many military families will seek and or set up a VA Benefit Trust.

    Pension Applications and Non-Service Pensions

    Specific to pension applications, VA Form 21-527EZ is used when the Veteran is applying for non-service connected pension benefits.

    Application for DIC, Death Pension and or Accrued Benefits

    VA Form 21-534EZ is used when the Surviving Spouse of a Veteran or a Veteran’s dependent is applying for non-service connected pension benefits.

    Disclosing Personal Information to a Third Party

    As veterans, our information has been stolen or lost more times than I am willing to acknowledge. To prevent this from reoccurring, VA Form 21-0845 is used to authorize the VA to release information to people other than the applicant.

    Examination for Housebound Status or Permanent Need for Regular Aid and Attendance

    Another difficult component to this process is finding a doctor what is trusted by the Military veteran. For some, this means turning to a VA medical facility.

    For others, a private practice doctor is far better. In either case, documenting needs is governed through a specific VA form.

    VA Form 21-2680 is used by an applicant’s physician to complete and is where the physician will document that the applicant needs assistance with activities of daily living.

    Medical Expense Report

    The military veterans form that details the applicant’s fixed recurring monthly expenses and is needed to demonstrate financial need for pension is called VA Form 21P-8416.

    Request for Nursing Home Information in Connection with Claim for Aid and Attendance

    VA Form 21-0779 must be completed by an administrator at the applicant’s nursing home and it details the type of care the applicant is receiving and confirms his or her residency in the facility.

    Lawyer for a VA Benefits Trust

    Did I mention that I am a military veteran too? Nonetheless, with my VA accreditation, I help and advise Clients with the VA forms referenced above. Again, prior to the completion of these forms, qualifying military veterans and their spouses may decide to seek out a lawyer for a VA benefits trust.

    If you’re searching for an accredited VA attorney, consider contacting this law office for a free visionary meeting. Then, you can share your goals and planning needs.

    Submitting Military Records and Documents

    Of course, being able to review relevant estate matters and military records requires an attention for detail. Many military veterans are unable to utilize or access a computer.

    This law office will facilitate the the most efficient and secure method to assist your needs.

    Contact an Attorney for a Veteran Trust

    No attorney-client relationship is formed by contacting this law office. If you contact IAJ Law, LLC by phone, text, social media, e-mail or through any other means, you may not necessarily receive a response.