Followed spouse from PA still cant find a job!

[Frzntundra]

I received a notice of determination today:

In situations where a claimant voluntarily quits to relocate with her spouse, the burden is on claimant to show her spouse,s decision to relocate was due to reasons beyond his control and that there were economic circumstances which were insurmountable to the claimant. In order to qualify for benefits where the claimants spouse relocated to accept a new job, the burden is on the claimant to show that her spouse had been unemployed and had tried to obtain suitable employment in the local market before relocating.

In this case, the claimants spouse was not unemployed prior to accepting the new job. As such, the claimants spouses decision to relocate was not due to reasons beyond his control. The claimant did not have a necessitous and compelling reason for quitting and benefits must be denied under section 402-b

We moved because he was offered to open a restaurant with his brother and another partner for more money than we were making in PA. Potentially MUCH more. Also lower cost of living

I also received the appeal form which has a small area to "disagree with determination"

I did explain this to the phone interviewer when i filed the initial claim

I need some advise on what to say on this appeal form

Thanks for any help!!

[Chyvan]

The response in the appeal form is always the same regardless of the circumstances, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

Then you research and try to find someone in a similar circumstance that got benefits, and you do the exact same thing at your hearing.

We told you in the other thread that it wasn't automatic. In the prior thread, there was the issue of affording two houses, and the decision doesn't contain any such language, so either you didn't mention it or the deputy chose to ignore it because it made denying you benefits a slam dunk.

[Ariadne22]

Trailing spouse will usually apply if hubby's present employer is transferring him.

Hubby quitting to take new employment is within his control. It was a choice, not an imperative.

From Chyvan's post on the other thread:

Spouse following spouse - To be eligible, the claimant must show that the reason for the spouse's relocation was beyond the spouse's control, and that such relocation created economic circumstances which could not be overcome or that it was economically impossible to maintain two residences.

Not surprised at this decision.

[Frzntundra]

But he was barely employed. He got a seasonal job for the spring but that ended in June. He had applied to many places in PA but never found a good paying job. His business in travel dwindled due to people being able to book their own vacations on the internet. We couldn't afford our life there anymore and had to move to make it with his new salary

I really appreciate you both. You have been great and helpful. Thanks!

I guess it cant hurt to appeal and see what happens. I have searched for threads that correlate to my situation but have not found any

[Chyvan]

Don't rely just on threads. You use scholar.google.com set it to case law/legal decisions then pick the Pennsylvania courts, and hope you stumble on a case that looks just like your situation.

Also, you never said anything before about your husband being barely employed, and I'm sure you never told that to the deputy or showed paystubs to substantiate that either.

http://scholar.google.com/scholar_ca...39&as_ylo=2013

Based on this, what was said at the outset carries a lot of weight because they must know that people change their stories to make the facts fit.

http://scholar.google.com/scholar_ca...39&as_ylo=2009

The above appears to be the most exhaustive discussion of what you are up against.

[newtoasu]

Can someone share what kind of evidence to produce to qualify? Spouse will be applying for UI in PA as we are relocating to AZ.

Seems there are two things to prove: 1 - relocation is out of spouses control and 2 - economic hardship. Which are both true, but I'm not sure how to "prove it".

For 1) We are moving because the position I was hired for was ending (i.e., the money ran out). It was always intended to be a temporary position (kind of like an internship), and one that would set me up for a "real job." So before the contract ended, I applied for and got accepted for a full-time permanent job in AZ. How do I prove that my job wasn't an "indefinite" position and therefore relocation was out of my control (I have a rejection letter for a local position I applied for but did not get, would they want to see that?) for 2) Do they want to see rent payments? spreadsheets of estimates for two residences?

Also, how do you submit the documentation in the initial form? We've never applied for UI. Is there a place for extended explanation? Are there upload options photos or forms or other evidence? My suspicion is to provide excess evidence in the initial application, so you don't have to appeal (which by the way, can you do remotely?)

[Chyvan]

Forget about trying to impress the initial UI person. You just tell your story correctly, and then plan on being ready to appeal your denial. It's at the appeal hearing that you knock yourself out with your proof. As time goes by, you might tighten up your story, and the last thing you want is to have an earlier story that was overly well presented to taint a judge into thinking that once you came up with a winning argument that you CHANGED things in your story to make the facts fit.

Had you come here first, I'd have just told you to make your life easier, and take the lay off and THEN move to AZ.

Also, there is your spouse's job. No one would be impressed with this story if you were Walmart Christmas help, and your husband was a doctor, and after the Christmas' job ended, YOU decided to get a job at Target in AZ, and then move, and get him qualified for spousal benefits.

Your story is missing the added part that he has a crap job, and that you are the big bread winner.

[newtoasu]

Originally Posted by Chyvan

Your story is missing the added part that he has a crap job, and that you are the big bread winner.

Thank you. This is the case. Job market in my field is quite different from most, so while I understand your suggestion about the layoff that option wouldn't really have worked. But I do understand where you are coming from.