Preview:

STATE OF MINNESOTA IN COURT OF APPEALS A11-1013

Lynn R. Hasledalen, Relator, vs. Department of Employment and Economic Development, Respondent.

Filed January 23, 2012 Affirmed Klaphake, Judge Department of Employment and Economic Development File No. 26731605-4

Lynn R. Hasledalen, Oakdale, Minnesota (pro se relator) Lee B. Nelson, Department of Employment and Economic Development, St. Paul, Minnesota (for respondent Department of Employment and Economic Development) Considered and decided by Stauber, Presiding Judge; Klaphake, Judge; and Larkin, Judge. SYLLABUS When a person applies for and receives unemployment benefits and subsequently applies for and receives Social Security old age benefits, the unemployment benefits must be reduced by an amount equal to 50% of the Social Security benefit calculated on a weekly basis.

OPINION KLAPHAKE, Judge Relator Lynn R. Hasledalen challenges the opinion of the unemployment law judge (ULJ) reducing his unemployment benefits and requiring him to reimburse the Department of Employment and Economic Development (the department) for an overpayment of benefits based on his receipt of Social Security old age benefits.1 Because the ULJ's decision is supported by substantial evidence and unaffected by an error of law, we affirm. FACTS Relator filed for unemployment benefits on December 13, 2009 and began receiving a weekly benefit of $585. In 2010, upon reaching age 62, relator applied for and was awarded primary old age benefits under the Social Security Act in the amount of $1,877. Each week, relator had to fill out a computerized form to demonstrate continuing eligibility for unemployment benefits. Each week, relator responded that he had not received or applied for any other income from any other source. Included in this question was a pull-down list that included Social Security benefits as an example of the income that must be disclosed. In December 2010, relator disclosed that he was receiving Social Security benefits and had been receiving them since May 2010. The department subsequently notified him of an overpayment of $8,100. Relator contends that before he applied for Social Security benefits, an unnamed employee of the department told him that receiving Social Security benefits would not
1

Minn. Stat.

Download A11-1013, Lynn R. Hasledalen, Relator, vs. Department of Employment and Economic

Minnesota Law