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Unemployment Benefits Approved, Never Received And Subsequently Denied

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shernan

Junior Member
What is the name of your state?Illinois

I received unemployment, never received checks because they were mailed to wrong address, employer challenged benefits citing "misconduct" due to tardiness, I'm appealing! I am on my third appeal but am not satisfied with my current lawyer see below. CURRENTLY PAPERWORK HAS TO BE FILED BY 12/15/04. Am I still entitled to receive the benefits/checks because at the time I was eligible to receive them, but due to the address error, I never received them? Due I have a technicality issue? Also, now I am told that the unemployment office is investigating possible fraudulent activity because the checks were received and CASHED by a person or persons unknown. Please Advise. This situation has become more complex. I AM CURRENTLY BEING BILLED FOR MONEY THAT I NEVER RECEIVED! Please Help. Please advise
NEED URGENT REPLY. TIME IS OF THE ESSENCE. THANK YOU

Sheridan A Murphy

:confused:

P.S. I would like to be referred to a good affordable attorney who specializes in situations such as mine before 12/15/04. Thank YOU
 
Last edited:


pattytx

Senior Member
Have they provided you with any documents to sign where you are alleging fraud, since you say someone else negotiated the checks? Didn't you notify them of your address change? I'm currently receiving UI here in Texas, and we file biweekly by phone. Each time, you are asked, "has you address changed since the last time you filed a claim?"

Anyway, as cbq posted on another thread, it is against the rules of most boards to recommend a specific attorney. However, many states and large cities also have a lawyer referral through the local Bar Association. You can get a short meeting with an attorney for very little money; then you can decide if you need/want to retain that attorney. In St. Louis, it was $30 (payable to the service, not the attorney) for a 30 minute meeting, and it was waived for SS, Disability, and WC cases. I got my WC attorney this way and I was very pleased.

Check the Yellow Pages under Attorneys for Lawyer Referral Service, usually attached to the local Bar Assoc.
 
I am a HR Director in IL and very familiar with the IDES. Frankly, you are in quite a pickle. I am not sure you can get out of it, either.

When you certify for beneifts it asks you EACH AND EVERY TIME if your address has changed. Failure to notify IDES of an address change (or an incorrect address on their records) is YOUR responsibility.

It is also very easy to check via telephone and on-line on the status of a check. If you hadn't received your checks, you should have taken steps to inquire as to their whereabouts.

It looks VERY bad for you. You can certainly go into your local IDES office and file whatever forms they provide and jump through whatever hoops they require in order to report the fraud, but frankly, waiting to do that until AFTER they are requesting repayment makes you look incredibly dishonest. Why would you wait so long? It now appears like you are just trying to avoid repayment. Prior to this, you obviously never saw the importance of reporting the fraud or the forgery to anyone at IDES, or the police for that matter.

As for an attorney, why do you feel you need one? You can handle the appeal and the paperwork from IDES yourself. And IDES has done nothing illegal. And you have no proof of your allegations that the checks were stolen and forged. And you did some very stupid things like not correcting your address, not notifying IDES about missing checks, etc., and an attorney will need solid proof AND you following the rules as they are plainly spelled out in order to win any case you may bring. You have neither proof nor stellar performance to fall back on.

If you don't win your appeal, I'd suggest you make a payment plan with IDES and pay back the money you allegedly never received. They WILL take your state income tax refunds, withhold future IDES payments, and may garnish your wages if you don't. At this point, I don't see how you are going to prove you didn't receive those checks and cash them. Just chalk it up to an expensive lesson learned about following the rules, and doing so in a timely manner.

Sorry. Wish I had better news. :(
 

cbg

I'm a Northern Girl
In my state also, they ask you each and every time if your address has changed.
 

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