Opinion
A20-0802
12-31-2020
In the Matter of: Sandra Birosh.
ORDER OPINION
Department of Employment and Economic Development
File No. 38017259-3 Considered and decided by Bjorkman, Presiding Judge; Johnson, Judge; and Larkin, Judge.
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. Relator Sandra Birosh applied for unemployment benefits with the Minnesota Department of Employment and Economic Development (DEED). DEED issued a determination of ineligibility, dated February 20, 2020, stating that beginning February 16, 2020, Birosh would receive reduced benefits based on her indication that she had applied for or was receiving Social Security retirement benefits "based on [her] own earnings." The determination of ineligibility stated that it would become final unless Birosh appealed by March 11, 2020.
2. Birosh filed an appeal on March 23, 2020. An unemployment-law judge (ULJ) summarily dismissed the appeal as untimely. Birosh requested reconsideration, and the ULJ affirmed.
3. This certiorari appeal follows. Birosh explains that she did not timely appeal the ineligibility determination because she had returned to the workforce and did not know it was necessary to appeal at that time. She further explains that she appealed the ineligibility determination after she was laid off on March 18, 2020. Birosh contends that the ineligibility determination was erroneous because she was receiving survivor benefits, and not old-age benefits. See Minn. Stat. § 268.085, subd. 4(b), (e) (2018) (stating that unemployment benefits are reduced based on receipt of Social Security old-age benefits, but not on receipt of Social Security survivor benefits).
4. "An agency decision of whether to dismiss an appeal as untimely is a question of law, which we review de novo." Stassen v. Lone Mountain Truck Leasing, LLC, 814 N.W.2d 25, 29 (Minn. App. 2012). "A determination of eligibility or determination of ineligibility is final unless an appeal is filed by the applicant or employer within 20 calendar days after sending." Minn. Stat. § 268.101, subd. 2(f) (2018). When an appeal from a determination of ineligibility is untimely, it must be dismissed for lack of jurisdiction. Stassen, 814 N.W.2d at 29. The statutory deadline for an appeal is "absolute" and has no exceptions. Cole v. Holiday Inns, Inc., 347 N.W.2d 72, 73 (Minn. App. 1984).
5. The record demonstrates that DEED sent its determination of ineligibility on February 20, 2020. As such, the 20-day time period for appeal ended on March 11, 2020. The determination clearly stated that it would become final unless Birosh filed an appeal by that date. Birosh did not appeal until March 23, 2020. Because the March 11, 2020 deadline was absolute, the ULJ properly dismissed the appeal for lack of jurisdiction. Thus, this court is not authorized to consider the merits of Birosh's challenge to the ineligibility determination. However, we note that DEED indicates that it is authorized to address—and will address—the merits of Birosh's challenge as it applies to Birosh's unemployment benefits beginning the week of February 23, 2020, and continuing through a new determination.
IT IS HEREBY ORDERED:
1. The ULJ's order is affirmed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
Dated:
BY THE COURT
/s/_________
Judge Michelle A. Larkin