Department of Labor Errors are Robbing the Unemployed out of Recovery Aid
This petition is based on:
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0 March 2012 against the Department of Labor
CUIAB Case No. A0-265448 won on 10/20/2011 (challenged the faulty and illegal EUC08 policy mistakes and prevailed).
(A) The Department of Labor published an implementation error in the Emergency Unemployment Compensation Program (EUC08).
(B) This error was published by the Employment & Training Administration in August of 2008, in UIPL 23-08 Change 1, in the Q&A section about "Multiple EUC Claims".
(C) "Multiple EUC Claims" does not comply with 20 CFR 615.5(2). What they advise all states to do violates regulations and laws.
If you are a scholar and researcher of the American Recovery and Reinvestment Act of 2009 (ARRA), then you might want to look into Division B, Subtitle II section 2001, the Emergency Unemployment Compensation Program (EUC08).
The Department of Labor Employment & Training Administration published an error in their EUC08 guidelines Q&As that they issued to all state agencies starting in August of 2008. The Q&A about "Multiple EUC Claims" does not comply with 20 CFR 615.5(2) the "definition of an exhaustee".
What this does is force claimants for EUC08 to "finish off" any remaining balance leftover from any older benefit years EUC08 claim first, before being allowed to start receiving payment for EUC08 based on the most recent benefit year.
Example:
1. A Teacher becomes unemployed in 2008.
2. She qualifies for and runs through a 26 week state regular compensation unemployment claim for $81/week based on a part time temp job.
3. She then becomes an "exhaustee" and qualifies for EUC08 at the same $81/week in late 2008 (99 weeks total available on this claim back then).
4. This claimant only uses up 5 weeks at $81/week but she has a 95 week still available when she returns to a much higher paying job again.
5. The EUC08 claim stops payment and ends (according to 20 CFR 615.5(2)).
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6ab144a522fac8b1680f3fb9dec8ebc9&rgn=div8&view=text&node=20:3.0.2.1.8.0.1.5&idno=20
6. When she loses her job again in 2009, and she goes back onto a new state regular unemployment insurance claim for 26 weeks. This time she qualifies for $450/week. This claim is available for 52 weeks. In her case she started in August of 2009 and the state claim ends in August of 2010.
7. When she runs out of this 26 weeks of state aid for the second time now in early 2010, she becomes an "exhaustee" again for federal EUC08, and the "Multiple EUC Claims" error START (see link for (B) below).
8. Instead of paying her a new 99 week EUC08 claim, based on the 2009-2010 $450 week state claim she just finished, the "Multiple EUC Claim ERROR", incorrectly instructs the states to put her back on the old EUC08 claim from 2008-2009 claim at $81/week for the remaining 95 weeks.
9. This means that when the new benefit year she just entered that paid her $450/week ends in 52 weeks, she will still be stuck on the older $81/week EUC08 claim. She then loses eligibility to the $450/week claim (August 2010).
10. Also when she crosses the last state unemployment claims 52 week benefit year end in August of 2010, she WILL FAIL the Public Law 111-205/HR4213 eligibility test because she is being paid EUC08 from the old 2009 claim and not the 2010 one that would make her eligible for this important law as well. This law requires that the claim she has ENDS after July 22,2010. The old 2009 one does not, but the 2010 one she should have been paid on does (if 20 CFR 615.5(2) had been followed and "Multiple EUC Claims" had been ignored). So she may be forced off the $81/week federal EUC08 and be forced on to a new even lesser state claim for another 26 weeks. On and on...
It is just complicated enough that the feds think we are too dumb to figure this out. That almost worked too. Much less federal aid has been paid out for far shorter time periods due to these errors. You can compare and research the ERROR that the DOL ETA made in these links here (just like I did and used to win my appeal case with):
Here's the problem with the EUC08 program:
(A) Look up the Department of Labor Operating and Implementing Instructions for EUC08:
EUC08 Program pre-errors definition of an "exhaustee"
http://wdr.doleta.gov/directives/attach/UIPL/UIPL23-08a1.pdf
(B) Then look up what the DOL issued just a month later and pay attention to Section D. Monetary Eligibility, Q&A (7) "Multiple EUC Claims":
EUC08 Program errors begin with this Q&A
http://wdr.doleta.gov/directives/attach/UIPL/UIPL23-08C1a1.pdf
(C) Then compare that to the DOL's own regulations for Federal State Extended Benefits at 20 CFR 615.5(2), and the definition of an "exhaustee" found here at (C) is the same as (A):
20 CFR 615.5 (C) Refutes what (B) says and supports (A)
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6ab144a522fac8b1680f3fb9dec8ebc9&rgn=div8&view=text&node=20:3.0.2.1.8.0.1.5&idno=20
The California Unemployment Insurance Appeal Case I won on 10/20/2011, pointed this same problem out. Case No. A0-265448 prevailed in support of 20 CFR 615.5(2) over the Q&A "Multiple EUC Claims ERRORS" that the Department of Labor published.
So there actually is a harmful and wasteful implementation error mistake in the "Stimulus". Further details can be found here (based on the appeal case mentioned):
an ARRA Implementation Error Exposed
http://www.dailykos.com/story/2012/08/18/1121545/-An-ARRA-Implementation-Error-Exposed
Here is the Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0, that the Recovery Accountability & Transparency Board has "buried", and that the Department of Labor is "ignoring" (they are the "accused party in this complaint").
http://www.dailykos.com/story/2012/08/17/1121274/-a-Recovery-Fraud-Complaint-ignored
As for the Obama Administration that is seeking re-election...they got involved in this mess too:
Mr. President there is a serious problem with the EUC08 program...