Claimant Quenna Neal filed for unemployment benefits on March 22, 2020, and was disqualified by a claims deputy because Neal was receiving a monthly pension at the time of her claim. The pension amount was in excess of what her weekly unemployment compensation would have been.
On July 1, 2020, Claimant Neal appealed the deputy’s Notice of Determination, which in turn triggered a lower authority hearing on her claim.
On July 23, 2020, Claimant Neal’s lower authority hearing was held, and in a July 24, 2020 decision, the appeals referee found Claimant to be disqualified for the same reason as the claims deputy. The appeals referee provided Claimant Neal with a deadline of August 3, 2020 to file an appeal to the higher authority level (i.e. the Board level).
Time passed.
On March 15, 2023, Claimant Neal filed an appeal of the referee’s July 24, 2020 decision.
On April 19, 2023, the Board reviewed the appeal request and the referee’s decision was affirmed because it became final on August 3, 2020. Furthermore, the Board could not find evidence revealing any Delaware Department of Labor error that would have impeded Claimant Neal in filing a timely appeal.
Claimant Neal filed a subsequent appeal into the Delaware Superior Court, and the Superior Court affirmed the Board’s discretion to hear an appeal. The Court also noted that the Board typically exercises that discretion concerning untimely appeal cases only when there is an administrative error impacting the claimant’s ability to appeal.
The Court found that Claimant Neal’s untimely appeal was of no fault of the administration of the Delaware Department of Labor and that the Board’s decision to not hear Claimant Neal’s appeal was not an abuse of discretion.
Quenna Neal v. Unemployment Insurance Appeal Board; C.A. No.: N23A-07-005 JRJ (Del. Super. Ct. June 11, 2024)
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