(1)Where a claimant of unemployment compensation was denied eligibility for benefits based on the Social Security Administration’s finding that he was eligible for disability benefits because he was not capable of full-time work, the commission did not err in finding that the claimant was not eligible for unemployment benefits because the claimant did not show a violation of the Supremacy Clause, and the commission’s consideration of the Social Security disability finding did not violate Section 288.215, and the finding that the claimant was unable to work was supported by substantial and competent evidence.
(2)Where a claimant of unemployment benefits was unemployed and unable to work and an overpayment of benefits to him was the result of a mistake rather than misrepresentation, the state may not attempt to collect the overpayment pursuant to Sections 288.380.12 and 288.380.14.
Reversed in part; affirmed in part.
Crawford v. Division of Employment Security (MLW No. 63969/Case No. SC92208 – 12 pages) (Missouri Supreme Court, Teitelman, C.J.; Russell, Breckenridge, Fischer, Stith and Price, JJ., and Byrn, Sp.J., concur. Draper, J., not participating) Appealed from the Labor and Industrial Relations Commission (Martin L. Perron and Maria V. Perron, St. Louis, and John J. Ammann and Julia Hodges, St. Louis, for appellant) (Jeannie Desir Mitchell, Jefferson City, for respondent).
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