Bouier v. DAFS Indianapolis-Army Military Pay – 16.74

Bouier v. DAFS Indianapolis-Army Military Pay
Digest No. 16.74

Section 421.210 (repealed and replaced by Section 421.32a)

Cite as: Bouier v DAFS Indianapolis-Army Military Pay, unpublished opinion of the Macomb County Circuit Court, issued August 30, 2007 (Docket No. 2007-1505-AE).

Appeal pending: No
Claimant: Everett Bouier, Jr.
Employer: DFAS Indianapolis-Army Military Pay
Date of decision: August 30, 2007

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HOLDING: A claimant must file his application for benefits within the fourteen day grace period under Section 421.210 (repealed and replaced by Section 421.32a).

FACTS: Claimant separated from the military on April 2, 2006. Upon his separation, Claimant was told by his former employer to go to his local employment office. He was also advised that he would not be eligible to receive unemployment benefits. Claimant believed that the purpose for visiting the unemployment office was to find a new job, not to file for unemployment benefits. Because he was unaware of his eligibility, Claimant did not file for benefits until June 18, 2006. On filing, Claimant requested payments backdated to his original separation date of April 2, 2006.

DECISION: Claimant is not eligible for backdating of benefits to his original separation date. Appeal is dismissed.

RATIONALE: Because Claimant failed to file his application for benefits within the fourteen day grace period under Section 421.210 (repealed and replaced by Section 421.32a), Claimant was ineligible to receive benefits backdated to his initial separation. Section 421.210 (repealed and replaced by Section 421.32a) only allows backdating to the claimant’s separation date if the benefit application is timely filed within fourteen days of the Friday after the end of the week in which the claimant became unemployed. The plain language of the Agency’s rules supports this determination.

Digest author: Winne Chen, Michigan Law, Class of 2017
Digest updated: October 11, 2017