Tuesday, February 28, 2017

UC - late appeal - confusion/breakdown in admin. process



Court held that claimant was entitled to late appeal, nunc pro tunc, in overpayment case, because of

- UCSC failure to follow Referee’s remand instructions, issuing new determinations rather than investigating claimant’s allegations that her niece had hacked her UC account and that no UC payments had been deposited into claimant’s bank account

- confusion caused multiple (10) determinations - By making new decisions, on remand, under brand new docket numbers, the Service Center created sufficient confusion to constitute a breakdown in the administrative system. Indeed, the very number of decisions that were flying about created confusion and a consequent breakdown in the administrative system.

The court also found that the failure of Counsel’s secretary to log the appeal deadlines was not dispositive.   “[I]t was the breakdown in the administrative process that brought Claimant back for a second round of proceedings. “[H]ad the unemployment authorities conducted an investigation … on the issue of whether or not any type of identity theft, fraud by a third party, had occurred, [Claimant] probably wouldn’t have these cases filed.” . . . .Counsel took action to get the appeals filed as soon as he learned of  his secretary’s error, and there is no evidence to indicate that the lateness of Claimant’s appeals prejudiced the Department.”

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*An unreported Commonwealth Court case may not be cited binding precedent but can be cited for its persuasive value.  See 210 Pa. Code § 69.414(b) and Pa. R.A.P.  3716

If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)



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