Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.203 - Eligibility Requirements for Legal Services for Individuals

Current through Register Vol. 48, No. 28, July 12, 2024
a) If funding is
				available for the service, individuals whose claims are in dispute before
				either a claims adjudicator or a referee can qualify for legal services under
				this Part to pursue their appeals to the referee, the Director, the Director's
				representatives or the Board of Review if they can present a valid claim or
				defense.
EXAMPLE: An individual quits his job in Chicago to relocate
				  in California where he can pursue his dream of becoming an internationally
				  renowned surfer. The claims adjudicator holds that he quit his job without good
				  cause attributable to his employer. The individual admits that he quit his job
				  solely to pursue his surfing goal but wishes to appeal the claims adjudicator's
				  determination because he needs his unemployment benefits to finance his
				  ambitions. This individual would not qualify for legal services under this Part
				  because he has presented no legal justification under existing precedent for
				  his appeal.
b) Whether a
				claim or defense is valid will be determined by the attorney assigned to the
				case by the legal service provider. If the individual disagrees with the
				judgment of the attorney assigned to the matter by the legal service provider,
				the individual may pursue the internal review process established by the legal
				service provider. If the internal review process of the legal service provider
				still results in a decision that the individual does not have a " valid" claim
				or if the individual decides to forego the legal service provider's internal
				review process, he or she can hire a private attorney who may then be eligible
				for reimbursement pursuant to Section
				2712.207(b).
c) Application for legal services under this
				Part must be made at least three working days prior to the date of a scheduled
				hearing before the referee. Failure to make application for services prior to
				three working days before the hearing shall disqualify the individual from
				receiving these services if the attorney assigned by the legal service provider
				finds that the reason that the individual failed to apply for the services
				prior to the three day period would not constitute good cause for a continuance
				under 56 Ill. Adm. Code
				2720.240.
1) EXAMPLE 1: On the date of his hearing, the
				individual appears at the office of the legal services provider and requests an
				attorney to represent him at his hearing later in the day. If the attorney
				assigned to his case finds that the reason that this individual failed to seek
				legal assistance prior to this time would constitute good cause for a
				continuance under 56 Ill. Adm. Code 2720.240, then, if the claimant meets the
				other criteria for eligibility for this program, the attorney will agree to
				represent this individual.
2)
				EXAMPLE 2: On the date of her hearing before the referee, the individual
				appears at the office of the legal services provider and requests an attorney
				to appear on her behalf at the scheduled hearing that day. If the individual's
				reason for failing to seek legal assistance prior to this time would not
				constitute good cause for a continuance under 56 Ill. Adm. Code
				2720.240
				in the judgment of the assigned attorney, then the attorney will deny the
				individual the requested representation at the referee hearing. However, if the
				individual is otherwise eligible for the program, the fact that she was denied
				assistance under this subsection at the hearing before the referee would not
				preclude the individual from seeking assistance in preparing her appeal to the
				Board of Review if the referee rules against her after her hearing.