Opinion
A11-2234
06-11-2012
Donald Posthumus, Relator, v. Department of Employment and Economic Development, Respondent.
Donald Posthumus, Inver Grove Heights, Minnesota (pro se relator) Lee B. Nelson, Amy R. Lawler, Minnesota Department of Employment and Economic Development, St. Paul, Minnesota (for respondent Department of Employment and Economic Development)
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010).
Affirmed
Bjorkman, Judge
Department of Employment and Economic Development
File No. 28093640-3
Donald Posthumus, Inver Grove Heights, Minnesota (pro se relator)
Lee B. Nelson, Amy R. Lawler, Minnesota Department of Employment and Economic Development, St. Paul, Minnesota (for respondent Department of Employment and Economic Development)
Considered and decided by Worke, Presiding Judge; Halbrooks, Judge; and Bjorkman, Judge.
UNPUBLISHED OPINION
BJORKMAN , Judge
Relator appeals the unemployment-law judge's dismissal of his untimely appeal of an ineligibility determination. We affirm.
FACTS
Relator Donald Posthumus applied for unemployment benefits in June 2011. On July 18, 2011, respondent Minnesota Department of Employment and Economic Development (DEED) mailed Posthumus a "Determination of Ineligibility," explaining that his unemployment benefits would be reduced by the amount of 50% of his social security benefits. The letter also stated that the determination would become final unless an appeal was filed by August 8, 2011.
Believing that he was ineligible for social security benefits, Posthumus called a DEED clerk, who allegedly told him that they would resume in September 2011. In September, he learned that he would not be eligible to receive social security benefits until December 2011. Posthumus appealed DEED's unemployment-benefits determination on October 3, 2011. The unemployment-law judge (ULJ) dismissed the appeal as untimely. Upon a request for reconsideration, the ULJ affirmed the dismissal. This certiorari appeal follows.
DECISION
A determination of ineligibility for unemployment benefits is final unless the applicant files an appeal "within 20 calendar days" after the notice is mailed. Minn. Stat. § 268.101, subd. 2(f) (2010). The time to appeal is absolute, with no exceptions for mitigating circumstances. Kennedy v. Am. Paper Recycling Corp., 714 N.W.2d 738, 739-40 (Minn. App. 2006). An untimely appeal of an ineligibility determination must be dismissed for lack of jurisdiction. Id. at 740. Dismissal of an appeal as untimely presents a question of law, which we review de novo. Id. at 739.
Posthumus's appeal period expired on August 8, 2011. Although Posthumus argues that he was unaware of the need to appeal until after the deadline had passed because he relied on misinformation from a DEED clerk, he admits that he filed his appeal after the deadline had passed. Because the law provides no authority to alter the statutory appeal period, we conclude that the ULJ properly dismissed Posthumus's appeal as untimely.
Affirmed.