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Forum Post: The feds are committing fraud to hide a multi-billion dollar mistake they made...

Posted 2 years ago on Nov. 18, 2012, 12:05 p.m. EST by corazonroto (7)
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Money meant for the unemployed goes right back into the economy. Invest $1 in unemployment and get back $1.5 or more. Take away money for the millions of unemployed when their are no real jobs and see what happens after December 29,2012. Mistakes in the implementation of these critical emergency benefits makes things much worse:

(1) the amount of money involved:

According to the Bureau of Labor Statistics, since 2008 there have been: (a) 29,748,954 federal Emergency Unemployment Compensation EUC08 Claims (for all tiers 73-99 weeks of benefits) (b) that have paid a combined 663,688,610 weeks of benefits. (c) The amount spent so far = $97,433,246,688 for EUC08 benefits to present day.

http://workforcesecurity.doleta.gov/unemploy/euc.asp

(2) Here is the most important federal regulation that governs how these American Recovery and Re-investment Act emergency designated funds are"determined" for payments and adjudication nationwide:

20 CFR 615.2(c)(2). "Applicable benefit year means, with respect to an individual, the current benefit year if, at the time an initial claim for Extended Benefits is filed, the individual has an unexpired benefit year only in the State in which such claim is filed, or, in any other case, the individual's most recent benefit year."

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=f01b3547941dac0fd49c714e7c62952b&rgn=div8&view=text&node=20:3.0.2.1.8.0.1.2&idno=20

(3) The same can be found within the Department of Labor Employment & Training Administration's EUC08 Program Guidelines (for all states). From UIPL 23-08 Attachment A "Implementing and Operating Instructions for EUC08":

“Applicable Benefit Year” means, with respect to an individual, the current benefit year if, at the time an initial claim for EUC08 is filed, the individual has an unexpired benefit year only in the state against which claim is filed, or, in any other case, the individual’s most recent benefit year ending on or after May 1, 2007.

http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2649

(4) So why do the people in charge at the Department of Labor, Chief of Special Benefits Robert Wagner, Chief of Legislation Suzanna Simonetta, say the following that CONTRADICTS THE ACTUAL LAW ABOVE in (2) and (3):

From: "OUI, Control Response - ETA" OUI.Control.Response@dol.gov To: jerkyspace Subject: Unemployment Insurance Claims Inquiry Date: Fri, 07 Oct 2011 09:33:02 -0700"

(iii) "The applicable benefit year used in determining an individual’s entitlement to EUC08 is defined as the most-recent benefit year at the time the initial claim for EUC08 is filed. The state agency determines an individual’s most recent benefit year at the time the EUC08 claim is filed and it serves as the benefit year for that EUC08 claim until EUC08 entitlement based on that benefit year is exhausted."

(4)(a) "jerkyspace" is the whistle-blower (me), who used this evidence (2)+(3) to challenge the federal governments EUC08 Program ERROR (4) in California Unemployment Insurance Appeal Board case A0-265448 on 10/20/11. I got them to email me what "they thought" their implementation was in writing (4), and then I took it to court a few weeks later and had it REFUTED (CUIAB Case A0-265448 10/20/11). $2786 in benefits were restored (denied for 26 weeks due to the error(4)).

4(b) The LAW and REGULATIONS say the "applicable benefit year" is THE MOST RECENT YEAR (2)+(3). But Department of Labor policy wonks who violate the law, say it is ALWAYS the INITIAL YEAR until the claim is exhausted (4). That is REFUTED by (2) and (3) above, the CUIAB Case A0-265448 victory and THIS other federal regulation for Federal-State Extended Benefits (part of evidence in my appeal win):

§ 615.5 Definition of “exhaustee.” (2) An individual who becomes an exhaustee as defined above shall cease to be an exhaustee commencing with the first week that the individual becomes eligible for regular compensation under any State law or 5 U.S.C. chapter 85, or has any right to unemployment compensation as provided in paragraph (a)(1)(v) of this section, or has received or is seeking unemployment compensation as provided in paragraph (a)(1)(vi) of this section. The individual's Extended Benefit Account shall be terminated upon the occurrence of any such week, and the individual shall have no further right to any balance in that Extended Benefit Account.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=448a440e0de15c2ddfa5b203c9350234&rgn=div8&view=text&node=20:3.0.2.1.8.0.1.5&idno=20

(4)(c) THAT contradicts and REFUTES what our federal Department of Labor has been trying to tell people these last four years ("Multiple EUC Claims" violates this regulation). Robert Wagner tried to back up the "Multiple EUC Claim" ERROR with this incorrect definition for the "applicable benefit year" (4) that was REFUTED by CUIAB Case A0-265448 on 10/20/11 using evidence base don (2)+(3) above.

http://wdr.doleta.gov/directives/attach/UIPL/UIPL23-08C1a1.pdf ("Multiple EUC Claims error started here on August 15,2008, page 5+6, Q&A E7. "Question: May an individual have more than one EUC08 claim?)

(5) Department of Labor Robert Wagner and Suzzanne Simonetta have been proved wrong in a court of law. Federal EUC08 Policy ERRORs have been PROVEN WRONG. The decision that refuted them still stands one year+ later. Their EUC08 program implementation mistake violates federal law and regulations. This was stopped by CUIAB Case A0-265448 for me and me alone. Millions of other claimants for these emergency benefits still are having the SAME incorrect policy applied to them (using the initial year until the EUC08 claim exhausts violates the law). The federal Department of Labor has been proved to have published this mistake in their implementation guidelines for EUC08 (UIPL 23-08 change 1+). But other than paying me correctly according to the law, the state and federal government intends to screw everyone else and hide what I have exposed for as long as they can get away with it.

For the past four years our government has been paying people these emergency benefits based on THE WRONG BENEFIT YEAR (all determinations, payments and adjudication got screwed up thanks to this and everyone seems to be ignoring the problem but me). This has harmed the economy and led to incorrect unemployment rate determinations (people would have had benefits and been counted as unemployed for longer if not for the errors in the EUC08 program). Billions of dollars have been wasted due to this (mistakes for four years on more than 29 million claims for more than $97 billion dollars add up fast).

Why can't you see past the corporations and go after the government that has enabled them and continues to assist corporate greed and allow abuses of authority/violations of civil rights (they work together against US)?

Our government has screwed millions of citizens out of emergency benefits during this terrible economic recession. That money should have gone into our struggling economy but did not.

I took them to court over it, refuted their mistakes and prevailed. Now they are making decisions in Congress, about the Fiscal Cliff, that ignore the fact that one of the key programs (EUC08) has a multi-billion dollar implementation error nobody wants to deal with.

The feds don't want to admit their mistakes. They intend to commit ARRA fraud, allow the ERRORS to continue as if my case never existed, and bury the whole mess for as long as they can get away with it.

The rest the evidence and details about this complex problem, including scans of freedom of information act/privacy act documents that show state and federal officials conspiring to subvert my request for investigations and oversight can be found here:

http://occupywallst.org/forum/unemployed-man-woman-and-child-have-been-ignored/

http://s1359.beta.photobucket.com/user/corazonroto512/library/

http://www.change.org/petitions/department-of-labor-errors-are-robbing-the-unemployed-out-of-recovery-aid

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