Dixon v. DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS

District of Columbia Court of Appeals

Dixon v. DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS

956 A.2d 683, 2008 WL 4155636

CourtDistrict of Columbia Court of Appeals

DecidedSeptember 11, 2008

Docket06-AA-984

StatusPublished

Cited by1 cases

This text of 956 A.2d 683 (Dixon v. DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dixon v. DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS, 956 A.2d 683, 2008 WL 4155636 (D.C. 2008).

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Opinion

PER CURIAM:

After a Claims Examiner found petitioner Ronda Dixon eligible for unemployment compensation, the District of Columbia Department of Employment Services (“DOES”) began paying unemployment benefits to her. Dixon’s employer appealed and the Office of Administrative Hearings (“OAH”) issued a final order reversing the Claims Examiner and finding Dixon to be ineligible. Dixon did not seek review of that decision. Subsequently, DOES issued a notice of determination of overpayment, seeking to recover the $1,988 that the agency erroneously paid to Dixon. OAH affirmed the overpayment determination, which Dixon now petitions for review, claiming that it is unfair for DOES to seek repayment.

DOES is required to disburse unemployment benefit payments as soon as a claimant is found eligible and before an employer’s appeal is decided. See California Dep’t of Human Res. Dev. v. Java, 402 U.S. 121, 133-34, 91 S.Ct. 1347, 28 L.Ed.2d 666 (1971). However, if an initial determination of eligibility is later reversed, then DOES may exercise its discretion, pursuant to D.C.Code § 51 — 119(d) (2001), to recover benefits paid to the claimant as an overpayment. The claimant may appeal determinations of overpayment and is entitled to an administrative hearing. D.C.Code § 51 — 119(d)(2) (2001). Although Dixon argues that this policy is unfair, its purpose “is to ensure that the unemployment compensation fund is not depleted except for valid benefit payments, thus preserving the limited resources of the fund.” Campbell v. Labor & Indus. Relations Comm’n, 907 S.W.2d 246, 250 (Mo.Ct.App.1995). We see no abuse of discretion. See generally Johnson v. United States, 398 A.2d 354 (D.C.1979). Accordingly, the petition on review is denied.

So ordered.

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PER CURIAM:

After a Claims Examiner found petitioner Ronda Dixon eligible for unemployment compensation, the District of Columbia Department of Employment Services (“DOES”) began paying unemployment benefits to her. Dixon’s employer appealed and the Office of Administrative Hearings (“OAH”) issued a final order reversing the Claims Examiner and finding Dixon to be ineligible. Dixon did not seek review of that decision. Subsequently, DOES issued a notice of determination of overpayment, seeking to recover the $1,988 that the agency erroneously paid to Dixon. OAH affirmed the overpayment determination, which Dixon now petitions for review, claiming that it is unfair for DOES to seek repayment.

DOES is required to disburse unemployment benefit payments as soon as a claimant is found eligible and before an employer’s appeal is decided. See California Dep’t of Human Res. Dev. v. Java, 402 U.S. 121, 133-34, 91 S.Ct. 1347, 28 L.Ed.2d 666 (1971). However, if an initial determination of eligibility is later reversed, then DOES may exercise its discretion, pursuant to D.C.Code § 51 — 119(d) (2001), to recover benefits paid to the claimant as an overpayment. The claimant may appeal determinations of overpayment and is entitled to an administrative hearing. D.C.Code § 51 — 119(d)(2) (2001). Although Dixon argues that this policy is unfair, its purpose “is to ensure that the unemployment compensation fund is not depleted except for valid benefit payments, thus preserving the limited resources of the fund.” Campbell v. Labor & Indus. Relations Comm’n, 907 S.W.2d 246, 250 (Mo.Ct.App.1995). We see no abuse of discretion. See generally Johnson v. United States, 398 A.2d 354 (D.C.1979). Accordingly, the petition on review is denied.

So ordered.

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956 A.2d 683, 2008 WL 4155636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-district-of-columbia-office-of-administrative-hearings-dc-2008.

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