Is it possible to file an appeal with the court and get retroactive moneys owed to me?

by Kerry

(Florida Unemployment)

After giving birth to my son and completing my 12 week maternity leave I was laid off from my job of 7 years due to the economy. At that time I pulled my 3 year old son out of daycare as my husband and I couldn’t afford to pay for childcare for our 2 children on his salary alone while I looked for another job. After being laid off I immediately filed for unemployment and was denied. They said that I was “not able or available” for work since my children were temporarily staying home with me while I looked for a new job. During the telephone hearing I made it perfectly clear that the moment I found a new job my children would be put immediately back into daycare but again, I was denied! I’m now currently working evenings at a bankruptcy law firm but I’ve written an appeal letter to the District Court of Appeals to try to get the money that I feel I should have been receiving during the five months of being unemployed. Do you think I’m wasting my time or should I continue with the appeals process?

Thank you in advance for your help!

Kerry

Hi Kerry,

No, I absolutely do not think you are wasting your time. But let me qualify this with the fact that denials from a lower level appeal hearing should first be appealed to the board of review.

Did you do this?

The problem with further appeals is that they need to be based of procedural errors (the rules the hearing officer is supposed to conduct the hearing under).

I found this Florida Supreme Court decision very interesting. It ought to make Floridians wary of their unemployment program. Daniel C. Costarell, Petitioner, vs. Florida Unemployment Appeals Commission, Respondent, 916 So. 2d 778 (2005)

The “virtual aside” is a serious slap on the wrist for the AWI. Imagine how many people never take their fight “all the way” that were wrongly denied.

Yes, you would get the retro pay if you get the decision reversed.