Summary
This Illinois appellate court opinion addresses whether a claimant’s application for a waiver of recoupment of overpaid unemployment benefits was properly denied following the COVID-19 pandemic. The court evaluates whether the claimant received the benefits without fault under the state’s Unemployment Insurance Act. Affirming the administrative board and circuit court, the appellate court concludes that the claimant acted with fault by falsely certifying his unemployment status while maintaining full-time employment.
Topics
Practice areas
Questions Presented
- Whether Daka's application for a waiver of recoupment of unemployment overpayment was properly denied because the overpayment was not without fault on his part
- Whether the circuit court abused its discretion in denying Daka's motion to supplement the record
Holdings
- The Board's decision denying the waiver was not clearly erroneous; Daka was found to have made false, material certifications and therefore was at fault, so the denial of the waiver is affirmed.
- The circuit court's denial of the motion to supplement the record was not an abuse of discretion.
Key quotations
“The Board finds that despite establishing hardship, [Daka] provided false information to receive benefits since he was working full time and certified that he was not working.” (¶26)
“The question is simply: Are you employed? The choices for the answer are, yes or no.” (¶51)
Factual background
Ibrahim Daka lost his janitorial job at GDI Services in March 2020 while simultaneously working full‑time as a records clerk for Dovenmuehle Mortgage. He applied for unemployment benefits, disclosed his employment, and was approved. He subsequently certified on bi‑weekly forms that he had not worked, receiving benefits until the Department determined he was ineligible because he was employed full‑time.
Procedural history
The circuit court denied Daka's motion to supplement the record and affirmed the Board of Review's denial of Daka's waiver of recoupment. Daka appealed that decision to the Appellate Court of Illinois, Second District.