Posted 5 years ago on Nov. 12, 2012, 11:57 a.m. EST by corazonroto
This content is user submitted and not an official statement
Why would Occupy not get behind doing something about this? http://www.change.org/petitions/department-of-labor-errors-are-robbing-the-unemployed-out-of-recovery-aid
Starting January 1, 2011, the California Employment Development Department began paying me federal emergency unemployment compensation benefits incorrectly and illegally, based on a historic implementation error that the Department of Labor's Robert Wagner, Chief of Special Benefits is responsible for. His mistaken and illegal interpretation of the already existing federal "definition" for the "applicable benefit year" for the federal Emergency Unemployment Compensation Program (EUC08 73-99 weeks), led the Employment & Training Administration to publish a MISTAKE in the EUC08 Program "guidelines", starting August 15, 2008 in UIPL 23-08 change 1, Q&A #7 under section D. Monetary Eligibility ("Multiple EUC Claims").
This historic implementation mistake has caused millions of claimants to be forced onto the remaining balances from older and terminated benefit years. This is often for a lesser weekly benefit amount and for less weeks of EUC payments than the MOST RECENT benefit year would have paid them if not for this mistake. The Department of Labor's Robert Wagner has caused millions of claimants to have determinations for EUC08 based upon older and terminated EUC claims, when the federal regulations at 20 CFR 615.5(2) specifically state that there is NO entitlement to ANY remaining balances after people return to work again and qualify for a new state regular unemployment claim. This violates the law and has wasted billions of American Recovery and Re-Investment Act dollars (ARRA). Claimants for EUC08 have been forced out of benefits early and pushed into the "discouraged worker" category quicker than they would have been if the EUC08 program had been implemented correctly and in compliance with federal law and regulations.
The EUC08 Program is a vital part of the Recovery Act (ARRA), but it was implemented incorrectly almost four years ago.This historic EUC08 program implementation error has affected myself and millions of other unemployed struggling workers and families nationwide. The Economy has been denied billions of Recovery Act dollars because of this blunder. Every state has blindly followed the same mistake that was passed down from the federal Department of Labor through their "program guidelines". This has affected millions of claims for ARRA emergency designated funds. EUC08 determinations, payments and adjudication have all been affected by this serious error that contradicts the previous 1990s implementation of the exact same benefits (EUC08). It also violates the same federal regulations for these extended benefits that the Department of Labor wrote themselves.
The federal Department of Labor issues "unemployment insurance program letters" to ALL states nationwide so they can implement the billions of dollars allocated for the federal Emergency Unemployment Compensation Program (EUC08) under Public Law 110-252/111-205 and the American Recovery and Re-investment Act of 2009 (ARRA). Section 5 of the ARRA defines these funds as "an emergency requirement and necessary to meet emergency needs". EUC08 is part of the ARRA under Division B, Title II, Subtitle A, Section 2001.
It was the federal ERROR published in these federal guidelines that caused my state to pay me EUC08 benefits incorrectly and illegally in violation of federal regulations (picked up the remaining balance from an older EUC08 claim for much lesser funds and weekly benefit amount than the most recent benefit year I was in) . This implementation ERROR contradicts what the 1990s Department of Labor did with the same definitions and regulations (see scans of documents below).
I looked this all up online and was able to successfully challenge the State of California, and indirectly the federal Department of Labor Employment & Training Administration in California Unemployment Insurance Appeals Board Case No. A0-265448 on October 20, 2011. This decision REFUTED FEDERAL EUC08 POLICY MISTAKES and awarded me back $2786 dollars denied over 26 weeks. Now ANY AND ALL older and terminated benefits years that had left over EUC08 balances ARE IGNORED as they should be according to federal regulations (see below).
This case is very significant, because I directly challenged the ERROR that the federal Department of Labor Employment & Training Administration made, and published in UIPL 23-08 change 1+, that caused the California Employment Development Department to also make a faulty implementation of their state "Deferred New Claim Program", which shares the same FEDERAL ERROR IN IMPLEMENTATION, as does EVERY STATE nationwide.
Federal officials at the Department of Labor have made a historic implementation error in the EUC08 Program that violates three of their own federal regulations at Title 20 Chapter V Part 615. This affects millions of claimants for emergency benefits. This affects the Recovery Act (ARRA of 2009), the Improper Payments Act, The Inspector General Act, Public Law 110-252 and 111-205 (HR4213 that "Part Time Penalty EUC08 Fix"). This also affects the Unemployment Rate and the Extended Benefits last 20 Weeks of emergency aid (triggers for EB are based on the unemployment rate over a three month look back trigger). Billions of ARRA, state and federal dollars have been wasted implementing a recovery program that has serious errors and flaws that violate federal law and regulations.
The problem: the government has been exposed trying to subvert my efforts post appeal. I tried to make this case a precedent so other claimants nationwide would benefit from the same victory against the same ERROR they were affected by. The government ignored the precedent request and got caught (see scans below). They cut a secret deal to keep this out of court and pay me state funds to cover this up (see FOIA documents below that exposed this). They made illegal threats to end benefits for ALL California claimants if a precedent was set (see scans below). I have exposed this all and they still won't respond, especially before the election (the White House was notified about this last November 2011...see scans below).
This is not right. This is not legal. Millions of citizens have had their rights violated. The whistle blower who filed a recovery fraud complaint has been ignored and his efforts delayed and subverted (me). No agency will obey their legal obligation and oversight duty to investigate ARRA fraud and this irrefutable evidence. These are high crimes and abuse of authority by multiple state and federal officials. The Department of Justice and FBI are silent. The Recovery Accountability & Transparency Board refuses to respond nor explain. The Department of Labor won't respond nor will their complicit OIG, they won't take me to court and cannot come up with ANYTHING to refute this evidence with.
Help me stop this. The government is trying to rob millions of unemployed struggling workers and families out of ARRA emergency designated funds. This money would go into the struggling economy as well, so it affects all of us indirectly, especially millions of struggling workers and families.
Meanwhile these criminals, who have committed ARRA fraud to hide their historic EUC08 implementation errors, walk free, while millions of unemployed struggle to survive without the emergency designated funds they were promised BY LAW:
Robert Wagner - Chief of Special Benefits DOL, Suzanne Simonetta - Legislature Chief Division of Unemployment DOL, Dale Ziegler - Unemployment Insurance Division DOL, Gay Gilbert - Employment & Training Administration DOL, Hilda Solis - Head of the Department of Labor DOL
Eder Marcus - DOL OIG, Robert Coyle - DOL OIG, Freddie Howell - DOL OIG, Daniel Petrole - DOL OIG
Donald Cox - RATB, Roy Kime - RATB
Pam Harris - California EDD, Robert Dresser - California Unemployment Insurance Appeals Board, Alberto Roland - California Unemployment Insurance Appeals Board, Mark Woo Sam - California Workforce, Marty Morgenstern - California Workforce
Irrefutable Evidence of Abuse of Authority by the Department of Labor and the ARRA Fraud they are committing to cover up their historic EUC08 Program implementation ERRORS:
Please sign this petition and show your support for the unemployed struggling workers and families who are still victims of these violations of rights, laws, regulations and ARRA oversight duties: