Jane Robbins, Relator, v. Commissioner of Economic Security, Respondent.

This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480 A. 08, subd. 3 (1998).

 

STATE OF MINNESOTA
IN COURT OF APPEALS
C4-99-564

Jane Robbins,
Relator,

v.

Commissioner of Economic Security,
Respondent.

 

Filed October 19, 1999
Affirmed
Amundson, Judge

Department of Economic Security
File No. 8218 UC 98

Thomas H. Boyd, Ingrid N. Nyberg, Winthrop & Weinstine, P.A., 3200 Minnesota World Trade Center, 30 East Seventh Street, St. Paul, MN 55101 (for relator)
 
Kent E. Todd, Minnesota Department of Economic Security, 390 North Robert Street, St. Paul, MN 55101 (for respondent Commissioner)

Considered and decided by Peterson, Presiding Judge, Lansing, Judge, and Amundson, Judge.

 

U N P U B L I S H E D   O P I N I O N

AMUNDSON

, Judge

Relator challenges the denial of reemployment insurance benefits, arguing that she was unable to work and had a pending claim for primary social security disability benefits. Because the commissioner's representative's findings are supported by the evidence, we affirm.

 

FACTS

Relator Jane Robbins (Robbins) has been diagnosed as having a mental health disability, bi-polar disorder, which is treated with three psychotropic medications. She has worked outside the home periodically for the past eight years.

Robbins filed her initial claim for reemployment insurance benefits effective July 5, 1998. Robbins' benefits claim was granted at the rate of $111 per week. On October 14, 1998, Robbins filed a Certification for Reemployment Benefits form, checking the box that indicated she had applied for social security disability benefits. The Social Security Administration reported that Robbins had filed the claim for social security disability benefits on July 14, 1998. She continued to file biweekly claims for reemployment insurance benefits.

In late November, Robbins received a determination from the commissioner's representative of the Minnesota Department of Economic Security, finding her ineligible for reemployment insurance benefits after September 27, 1998, because she had filed the claim for social security disability benefits. Robbins appealed, and an evidentiary hearing was scheduled. After the December 15, 1998 evidentiary hearing, the reemployment insurance judge affirmed the commissioner's representative's finding of ineligibility due to Robbins' filing of concurrent claims, but modified the previous determination to change the beginning date of ineligibility to July 14, 1998, the date the social security disability claim was filed.

On December 29, 1998, the commissioner's representative mailed Robbins a Determination of Overpayment totaling $999. Robbins appealed the determination, but by an order filed January 28, 1999, the reemployment insurance judge affirmed the overpayment, stating that if the previous decision that Robbins was not entitled to benefits were reversed upon further proceedings, the overpayment would be removed by the commissioner. Following Robbins' appeal of this ruling, the commissioner's representative reviewed the prior proceedings and modified the previous decision to hold Robbins ineligible for reemployment insurance benefits from July 5 through August 1, 1998, because she was unable to work; and from August 1, 1998 through January 30, 1999, due to her pending claim for primary social security disability benefits.

By writ of certiorari, Robbins challenges the commissioner's representative's findings.

 

D E C I S I O N

I. Ineligibility

We review the factual findings of the commissioner's representative in the light most favorable to the decision. Ress v. Abbott Northwestern Hosp., Inc., 448 N.W.2d 519, 523 (Minn. 1989). The findings will not be disturbed on review if there is evidence in the record reasonably tending to support them. White v. Metropolitan Med. Ctr., 332 N.W.2d 25, 26 (Minn. 1983).

 

Inability to Work

Robbins challenges the commissioner's representative's finding that she was ineligible for the reemployment insurance benefits from July 5, 1998 through August 1, 1998, because she was unable to work.

The employee has the burden to prove eligibility to receive reemployment insurance benefits. Decker v. City Pages, Inc., 540 N.W.2d 544, 547 (Minn. App. 1995). Thus, for each week Robbins wishes to claim eligibility for benefits, she must prove that she was able to work. Minn. Stat. § 268.085, subd. 1(2) (1998). To be considered "able to work,"

a claimant must have the physical and mental ability to perform the usual duties of the customary occupation or the usual duties of other work for which fitted by training, experience, or capability and which is gainful employment engaged in by others as a means of livelihood. The burden of establishing ability to work is on the claimant, but there will be no presumption that a claimant is not able to work.

Minn. R. 3305.0400, subpt. 1 (1997).

Robbins first filed for reemployment insurance benefits on July 5, 1998. The commissioner's representative's finding that she was not able to work for the period from July 5, 1998 through August 1, 1998, is supported by Robbins' testimony as to her physical condition. At the December 15, 1998, hearing before the reemployment insurance judge, Robbins testified that she had a mental health disability, bi-polar disorder, for which she was taking three psychotropic medications. She informed the judge that she "can't seem to handle the strain, you know, normal strain of employment."

Robbins argues that the February 27, 1999, denial of her social security disability benefits serves as evidence opposing the finding that she was not able to work. Evidently the commissioner's representative gave greater weight to Robbins' testimony that she couldn't handle the normal strain of employment. In any event, the record contains no evidence from which the commissioner's representative could conclude that Robbins met her burden to show that she was able to work during the period from July 5, 1998, through August 1, 1998. We conclude that evidence in the record, provided through Robbins' testimony, reasonably supports the commissioner's representative's finding.

 

Claim for Primary Social Security Disability Benefits

Robbins challenges the commissioner's representative's determination that she was ineligible for reemployment insurance benefits for the period from August 1, 1998 through January 30, 1999, because she had a pending claim for primary social security disability benefits.

Effective August 1, 1998, the Minnesota legislature renumbered the economic security law eligibility requirements and amended the section covering social security benefits to render a claimant

ineligible for benefits for any week with respect to which the claimant * * * has filed a claim for primary social security disability benefits, unless the social security administration has approved the payment of disability benefits while the claimant was employed.

Minn. Stat. § 268.085, subd. 4(b).

The Social Security Administration determined that Robbins filed a claim for primary disability benefits on July 14, 1998. On this basis, Robbins argues that the new provision was applied to her retroactively because her claim was pending prior to the effective date of the amendment. However, a claimant must show eligibility for each week reemployment benefits are sought. Minn. Stat. § 268.085, subd. 1. Because the commissioner's representative applied section 268.085, subd. 4(b) only to weeks after August 1, 1998, respondent argues that there was no retroactive application.

The construction of a statute is a question of law and therefore fully reviewable by an appellate court. Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn. 1985). After review, we conclude that the commissioner's representative correctly applied section 268.085, subd. 4(b) to determine that Robbins was ineligible to receive reemployment benefits after August 1, 1998, because she had filed a claim for primary social security disability benefits.

 

II. Overpayment

Respondent argues that the overpayment issue is not before this court because Robbins only appealed the commissioner's representative's eligibility decision. However this court's decision on Robbins' eligibility is determinative of the overpayment issue.

Respondent bases the overpayment determination entirely on the provisions of Minn. Stat. § 268.085, subd. 4(c):

Any claimant who receives social security benefits, that would cause the claimant to be ineligible under this subdivision, for weeks that the claimant received reemployment insurance benefits shall be considered overpaid reemployment insurance benefits under section 268.18.

Robbins has not received any primary social security disability benefits. However, Minn. Stat. § 268.18, subd. 1(a), provides that

[a]ny claimant who, by reason of the claimant's own mistake or through the error of any individual engaged in the administration of this chapter or because of a determination, redetermination, or amended determination issued pursuant to section 268.07 or 268.101, has received any benefits that the claimant was not entitled to, shall promptly repay the benefits to the department.

In addition, Minn. Stat. § 268.101, subd. 6 (1998) provides that

[a] determination or amended determination that holds a claimant disqualified or ineligible for benefits for periods a claimant has been paid benefits is an overpayment of those benefits subject to section 268.18.

Robbins received reemployment benefits of $111 per week from August 7, 1998, through October 12, 1998, for a total of $999. Because we conclude that section 268.085, subd. 4(b) applies to those whose claims for primary social security disability benefits were pending as of the effective date of the amendment, the entire amount Robbins received qualifies as overpayment under sections 268.101, subd. 6, and 268.18, subd. 1(a), and must be repaid to the Department.

 

Affirmed.