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Commission Decision was mailed on the 8th day of May, 2025, to the following: CLAIMANT: THOMAS COATES, 3416 WARREN PL APT 201, VIRGINIA BEACH, VA 23452-5648

COMMONWEALTH of VIRGINIA Virginia Employment Commission Commission Appeals, P.O. Box 26441, Richmond, Virginia 23261-6441 Telephone: 804-786-4140 or VA Relay 711, Fax: 804-786-9034 www.vec.virginia.gov The Virginia Employment Commission is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. VUIS-08-29-2024 A-CLA-005 A-CLA-005 RE: Enclosed is a copy of the Commission Decision in this case. If the decision was not in your favor and you want to appeal further, you must file a Petition for Judicial Review in Circuit Court. Carefully read the IMPORTANT INSTRUCTIONS on the back of this letter. If you need an interpreter or translation services, call the Clerk of the Commission Appeals at 804-786-4140. TTY Caller, call Virginia Relay 711 or 800-828-1140. Virginia Relay enables people who are deaf, hard of hearing, deafblind, or speech disabled to communicate by text telephone. Stephanie L. De La Cruz Clerk of the Commission Enclosure 00041699036014837917 *000000014837917* THOMAS COATES 3416 WARREN PL APT 201 VIRGINIA BEACH, VA 23452-5648 THOMAS COATES SSN: xxx-xx-9495 Commission Decision: UI-145419-C This Commission Decision was mailed on the 8th day of May, 2025, to the following: CLAIMANT: THOMAS COATES, 3416 WARREN PL APT 201, VIRGINIA BEACH, VA 23452-5648 IMPORTANT INSTRUCTIONS This decision will become final 10 days after the date this decision is mailed pursuant to Section 60.2-622 of the Code of Virginia. An appeal of this decision must be made directly to the Circuit Court of the city or county where the claimant last worked in Virginia. The final date for filing a Petition for Judicial Review (appeal) to the Circuit Court is shown on the first page of your decision. This appeal period is set by statute and cannot be extended. To appeal this decision, you must file a Petition for Judicial Review pursuant to Section 60.2-625 of the Code of Virginia. Neither the Virginia Employment Commission nor the Circuit Court can help you prepare this document. The Petition for Judicial Review must be received and filed in the appropriate Circuit Court Clerk's office within thirty (30) days from the date the decision was mailed by the Virginia Employment Commission. In your Petition for Judicial Review, you must name the Virginia Employment Commission and either the employer(s) or claimant, whichever is applicable, as defendants. You must state the reasons why you believe the Virginia Employment Commission decision is incorrect. The Clerk of the Circuit Court will charge a fee to file the Petition for Judicial Review (Petition), as well as a fee to have the Petition formally served on the Virginia Employment Commission by the Sheriff. These fees must be paid at the time you file your Petition. You should ask the appropriate Circuit Court the amount of the fees. If you cannot pay the fee, you may ask the Circuit Court how to request a fee waiver. In your Petition for Judicial Review, you must include the following information for the Sheriff to serve the Virginia Employment Commission: “Clerk of the Commission, Virginia Employment Commission, 6606 West Broad Street, Richmond, Virginia, 23230.” You must give the Clerk of the Circuit Court as many copies of the Petition for Judicial Review as there are defendants in the case. After the Virginia Employment Commission has been properly served with a correct Petition, a Record of Proceedings will be filed with the Circuit Court. Copies of the Record of Proceedings will be mailed to all parties or their attorneys. Individual claimants and sole proprietor employers may represent themselves. Legal counsel is required for corporations and partnerships. The Virginia Employment Commission cannot give you legal advice. In the Matter of: Thomas Coates Claimant Docket No.: UI-145419-C DECISION OF COMMISSION This case comes before the Commission on appeal filed, April 20, 2025, by the claimant from the Decision of Appeals Examiner (UI-25003675), mailed April 2, 2025. ISSUES Did the claimant file a timely appeal to the Decision of Deputy, and if not has good cause been established to extend the appeal period as provided in Section 60.2-619(D) of the Code of Virginia (1950), as amended? Did the claimant register for work and continue to report at an unemployment office in accordance with such regulations as the Commission may prescribe pursuant to Section 60.2- 612(5) of the Code of Virginia (1950), as amended? FINDING OF FACTS The claimant worked for Cox Communications Hampton from November 27, 2023, to June 27, 2024. He separated from this employer for medical reasons. On August 2, 2024, he filed an initial claim for benefits with the Commission. That claim was effective July 28, 2024. On December 27, 2024, a Notice to Claimant for Partial Unemployment Verification for the period from December 15, 2024, through December 28, 2024, was sent out to the claimant at his address of record. That notice requested that he submit the verification form to his employer, Cox Communication Hampton, and have it completed and returned to the Commission by January 6, 2025. That completed verification form was never received by the Commission. On January 21, 2025, a Decision of Deputy was issued to the claimant. The Deputy denied benefits from December 15, 2024, to December 28, 2024. The Deputy concluded that the claimant was denied benefits under Section 60.2-612(5) of the Code because he had not returned the completed partial unemployment verification form. On both February 20, 2025, and March 10, 2025, the claimant appealed that decision. On March 14, 2025, a Notice of Telephonic Hearing Before an Appeals Examiner was sent out to the claimant. That hearing was scheduled for April 1, 2025, between 9:00 a.m. and 12:00 p.m. The claimant was advised that if he wanted to participate in that hearing he needed to register in advance. Thomas Coates -2- Docket No. UI-145419-C Prior to April 1, the claimant did not register a phone number in advance, as directed, to participate in the hearing. As a result, no hearing was conducted on April 1, 2025. The Appeals Examiner issued a decision based on the record as it existed as of April 1, 2025. On April 2, 2025, an Appeals Examiner’s decision was mailed to the claimant. In that decision the Appeals Examiner concluded that the claimant’s appeal of the Decision of Deputy was timely filed, but the Appeals Examiner affirmed the denial of benefits from December 15, 2024, to December 28, 2024, under Section 60.2-612(5) of the Code. On April 20, 2025, the claimant appealed that decision. OPINION Section 60.2-619(D) of the Code of Virginia governs the timely filing of appeals from Decisions of Deputy. In the present case the Decision of Deputy was issued on January 21, 2025, and had an appeal deadline of February 20, 2025. Commission records indicate that the claimant filed two appeals; one appeal was filed on February 20, 2025, and the other appeal was filed on March 10, 2025. Since the claimant’s first appeal was filed by the February 20, 2025, deadline the Appeals Examiner was correct in finding that appeal to have been timely filed. Section 60.2-612 of the Code governs benefit eligibility. Section 60.2-612(5) requires claimants to have registered for work and continue to report to the Commission as required by regulations prescribed by the Commission. In the present case, the claimant separated from his employer in June 2024 and filed his initial claim in August 2024. His separation appears to have been a total separation for medical reasons and was not a separation or reduction in force due to a reduction in available work by the employer. As a result, this claim appears never to have been a claim for partial unemployment benefits, and it is unclear why the verification form for partial unemployment was sent out to the claimant on December 27, 2024. Since this claim was not partial in nature, there was no need for that verification form to be issued, and by extension, no need for it to be completed and submitted back to the Commission. For that reason, the claimant cannot be denied benefits for the period from December 15, 2024, to December 28, 2024, because there was no need for his nonexistent partial unemployment to be verified. DECISION The claimant’s appeal of the Decision of Deputy was timely filed. The Appeals Examiner’s decision is reversed. The claimant is eligible for benefits from December 15, 2024, to December 28, 2024, because he did not need to complete and return the partial unemployment verification form under Section 60.2-612(5) of the Code of Virginia. Thomas Coates -3- Docket No. UI-145419-C This Decision of Commission is mailed May 8, 2025. The final date to file an appeal to Circuit Court is June 7, 2025. The appeal period is set by statute and cannot be extended. David Jackson Special Examiner

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Waiver of Overpayments Statement from Claimant

COMMONWEALTH of VIRGINIA Virginia Employment Commission B-COP-017 Equal Opportunity Employer/Program Auxiliary Aids and Services Are Available Upon Request to Individuals with Disabilities Language interpretation and translation services are available upon request. VUIS-05-20-2022 Most services available at www.vec.virginia.gov 1-866-832-2363 or Virginia Relay 711 B-COP-017 00041699036014978370 Waiver of Overpayments Statement from Claimant THOMAS COATES 3416 WARREN PL APT 201 VIRGINIA BEACH, VA 23452-5648 Claimant Information Mail Date: 06/03/2025 Claimant ID: 54377566 First Name: THOMAS Last Name: COATES OP Determination Date: 04/30/2025 Program: UI Overpayment Amount: 378.00 Due Date: 07/03/2025 Did you know... you can retrieve this and other documents by going online at https://uidirect.vec.virginia.gov/CSS and logging into your account? Creating an online account is simple, secure, and easy. The Virginia Employment Commission (VEC) records indicate that you filed a claim for unemployment insurance benefits, and on 04/30/2025 you were held overpaid benefits in the amount of 378.00. You are receiving this notification because the VEC has determined that you may be eligible to have the repayment of one or more benefit overpayments waived. Potential waivers apply to benefit overpayments under Virginia law or any federal unemployment compensation program, including regular Unemployment Insurance (UI), Pandemic Emergency Unemployment Compensation (PEUC), Extended Benefits (EB), Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), Lost Wages Assistance (LWA), and Mixed Earner Unemployment Compensation (MEUC). A waiver can be granted ONLY if BOTH of the following conditions are met: (1) the claimant was without fault with respect to the payment; and (2) requiring payment would be contrary to equity and good conscience. To enable the VEC to determine whether repayment of your overpayment can be waived, please complete the following fact-finding statement in its entirety and return it no later than 07/03/2025. Inadequate or incomplete information will likely result in a denial of your waiver request. Your returned fact-finding statement will be considered with respect to all overpayments that became final (i.e. no appeal was filed or, if appealed, the appeal decision has become final) before the date of mailing shown above. There is no need to submit more than one fact-finding statement at this time. Virginia law specifies that “it shall be contrary to equity and good conscience if requiring repayment of an overpayment would deprive the individual of the income required to provide for basic necessities, including shelter, food, medicine, child care, or any other essential living expenses.” Code of Virginia, Section 60.2-633.A(2). As a result, much of the requested information deals with your financial situation, including the number of dependents who live in your household and any unique circumstances you might have. This information is necessary to enable the VEC to determine if requiring repayment would be “contrary to equity and good conscience.” Provide all requested information and answer all questions completely. Do not send any attachments with this form as they will not be considered. If additional information is needed, a VEC representative will contact you directly. If you have any questions, please contact the VEC at 1-866-832-2363. *000000014978370* 06/03/2025 B-COP-017 Page 2 of 3 Equal Opportunity Employer/Program Auxiliary Aids and Services Are Available Upon Request to Individuals with Disabilities Language interpretation and translation services are available upon request. VUIS-05-20-2022 Most services available at www.vec.virginia.gov 1-866-832-2363 or Virginia Relay 711 B-COP-017 FACT-FINDING STATEMENT Print Full Name: ______________________________________ SSN: ____________________ Current Street Address: _________________________________________________________ City/State/Zip Code: _________________________________________________________ Contact Preferences: Phone: ( ) __________________ Email: _____________________________________________ IF ANOTHER PERSON HELPED YOU COMPLETE THIS FORM, PLEASE PROVIDE THE FOLLOWING: Full Name of person: ___________________________________________________________ Relationship to claimant: ( ) Immediate family member ( ) Friend ( ) Attorney ( ) Other IF Attorney, please provide your firm name and VSB member number. If member of the Bar of another state, indicate state and bar number: ____________________________________________________________________________ IF Other, please describe your relationship to the claimant below including, if applicable, the organization your represent (e.g. church, local non-profit, etc.) ____________________________________________________________________________ 1. How many individuals live in your household (limited to spouse, children, blood relatives, relatives by marriage, adopted children, foster-care children)? ____________ 2. How many dependents live in your household (dependents include children under age 19, any full-time student under age 24, or any child that is totally and permanently disabled, regardless of age)? ____________ 3. Do any of the dependents living in your household have special needs (e.g. autism, mobility disorder, intellectual development disorder, chronic medical conditions of any type)? ___Yes ___No If Yes, please explain below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Of the people in your household, how many are currently employed? ____________ 5. What is your personal gross monthly income, before taxes (includes wages, pensions, disability payments, alimony, and child support payments)? $__________.______ 6. What is the total combined gross monthly income, before taxes, for everyone in your household (includes wages, pensions, disability payments, alimony, and child support payments)? $__________.______ *000000014978370* 06/03/2025 B-COP-017 Page 3 of 3 Equal Opportunity Employer/Program Auxiliary Aids and Services Are Available Upon Request to Individuals with Disabilities Language interpretation and translation services are available upon request. VUIS-05-20-2022 Most services available at www.vec.virginia.gov 1-866-832-2363 or Virginia Relay 711 B-COP-017 7. What are your average monthly expenses for the following: a. Mortgage/rent $__________.______ b. Utilities $__________.______ c. Food $__________.______ d. Medicine $__________.______ e. Child care $__________.______ 8. As a result of receiving UI benefits, were you denied any other benefits or public assistance under another government program? ___Yes ___No If Yes, identify the benefits you were denied and the date the denial occurred: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 9. Do you have a chronic medical condition that impacts your ability to work? ___Yes ___No If Yes, please explain: ___________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 10. In the space below, please provide any other information you would like us to consider including, but not limited to, why you believe the overpayment was not your fault: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ CERTIFICATION/ATTESTATION I certify and attest that all of the information provided herein is true and correct to the best of my knowledge and belief. I further acknowledge that the law provides criminal and administrative penalties for providing false statements. I further acknowledge that if a waiver of overpayment is granted based on false or materially misleading information provided by me or on my behalf, the VEC may rescind any waiver and I will be obligated to repay the overpayment that was forgiven. Claimant Name (print): _____________________________ Date: _______________ Claimant Signature: _____________________________________________________ Return completed form (no attachments) to the following address: Virginia Employment Commission ATTN: Benefit Payment Control P. O. Box 26323 Richmond, VA 23260 *000000014978370*

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VIRGINIA SICSEMPER TYRANNIS Appeals Examiner C. Lawson from the docket of First Level Appeals. REMANDED to the Deputy for further action in compliance with this order. The matter is stricken Determination for overpayment is moot. The claimant's appeal is VACATED and this matter is For these reasons, the claimant's appeal of the Decision of Deputy or Notice of Deputy's This order applies to Issue ID s) 24358289 from the start, the Deputy's Decision or Determination for overpayment is hereby VACATED. Since the Decision of Deputy or Notice of Deputy's Determination for overpayment is invalid is void ab initio (invalid from the start). violates the mandatory promptness requirement in Section 60.2 619(A) and (C) of the Code and nor any other interested party was at fault. The Appeals Examiner finds the Deputy's determination issuing of the overpayment determination, the reason for that delay, and the fact that the claimant length of the delay between mailing of the determination that caused the overpayment and the a period of disqualification or ineligibility. The Appeals Examiner has carefully considered the The Decision or Determination for overpayment stated benefits were paid to the claimant during claimant first filed his claim for benefits and had already been paid). determination which initially held the claimant disqualified, was mailed fifteen months after the v. V.E.C, Record No. CL 2023 11132, (Fairfax County Cir. Ct. Oct. 27, 2023) (the Deputy's that the delay did not meet the mandatory promptness requirement of the Code. See Jamal Abed inia. In at least one case it has been decided has recently made its way to the circuit courts in Virg finding. The issue of the delay in rendering a retroactive disqualification or finding of ineligibility The prompt adjudication of claims is crucial for fairness and for the promotion of accurate fact agency. be done as soon as possible afterthe facts to support such a determination are made known to the prompt. However, the retroactive application of a disqualification or finding of ineligibility should mandatory. The Code does not explicitly define when a Deputy's determination is considered determination "shall be promptly given to the claimant." This statutory promptness requirement is designated by the Commission as a deputy, shall promptly examine the claim," and notice of the 619(A) and (C) of the Code provides, in pertinent part, that, "A representative Section 60.2 Virginia, Section 60.2 633. A decision to this effect was mailed to the claimant on June 2, 2025. amount of $378.00, for the period of September 29, 202 4 to October 5, 2024, pursuant to Code of Notice of Deputy's Determination for overpayment which held the claimant overpaid in the This matter comes before the Appeals Examiner pursuant an appeal of a Decision of Deputy or ORDER Thomas Coates UI 25009642 Page 2

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