Part Time Penalty/BYE/Update

First topic message reminder :

http://www.nelp.org/page/-/UI/2010/Final%20EUC%20Fix%20QA.pdf

The above link is the part time penalty fix defined.


If anyone has been a victim of the part penalty prior to July 2010 "fix" this F.Y.I. is good news!

I was a victim of the part time penalty, 2-weeks into EUC Tier 2 my BYE ended,my benefits were slashed for working a part time job while supplementing benefits.
Rather then continue on EUC, I was forced to take a new claim at the lower rate.
When the law changed in July it really did fix this problem for many. Others like myself remained at the lower rate on a new claim for 26 weeks.

The 26 week claim has now expired and because of having an existing EUC claim still open from my original claim (2-weeks into EUC Tier 2) my original Rate has now been re-established. This is an odd circumstance but make sure your state is aware.

Now if your BYE ends at least you don't have to worry about being reduced. I know this may be hard for some to follow, I was a member of the UF forum working hard on the part time penalty fix and my efforts now have come full circle.
Feel free to ask any questions on this subject I am more than happy to help.
Great job on this new site from many of my UFriends forum 1.0 !

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We are all wishing you the best jerkyspace.

I'm guessing you will be getting a phone call from the DOL wanting a face-to-face meeting. And; when that happens, no one has to tell you to go with your attorney because they are going to begin to try and make this all about you and your inability to intrepet the rules and reg's correctly. That said, you go guy, hope you come out a "hero" in this mess. God speed!

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"So long, and Thanks for all the fish" - douglas adams

If Regulations are Broken in the Forest, and "Nobody" Sees and Hears them get broken...
http://www.dailykos.com/story/2012/07/21/1112290/-If-Regulations-are-Broken-in-the-Forest-and-Nobody-Sees-and-Hears-them-get-broken

ARRA Fraud in the Emergency Unemployment Insurance Program
http://www.dailykos.com/story/2012/08/04/1116763/-ARRA-Fraud-in-the-Emergency-Unemployment-Insurance-Program

Mr. President, I hear FOIA calling...
http://www.dailykos.com/story/2012/08/05/1116884/-Mr-President-I-hear-FOIA-calling

EUC08 Whistle Blower
https://www.facebook.com/investigatetheeuc08errors
https://www.facebook.com/pages/Stop-the-Department-of-Labor-Extended-Benefits-Mistake-Cover-Up/120673654739454
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB CASE A0-265448 (still standing)

Come see some cruel people insult you good unemployed folk and my efforts to help you all and the economy. Check out the comments and my defense against the troll army. Unemployed are welcome to come and defend themselves against these thoughtless comments that follow this important DK Dairy...

Welcome to our 21st century Watergate...
http://www.dailykos.com/story/2012/08/26/1124397/-Welcome-to-our-21st-century-Watergate

I reduced my profile on UF friends to concentrate on pushing for an investigation and to keep negative trolls that diss the unemployed from coming here and messing with this great site. Well now the haters are out in force on Daily KOS (with some good people and discussion too!). If I lure some here...sorry. Just eat them up and spit them out fast will you please?

They question your existence. They question whether you matter or not. Whether you care or not about fixing the problems in the EUC08 program and with our Economy. They insult you, this sites great efforts and my attempts to restore billions of dollars back to you all and our economy. If you ever needed to speak up for yourselves and those trying to help you out then now is your chance. These thoughtless comments on DK should not be left unanswered by the many unemployed struggling workers and families that I know and have tired to help out.

NOW IS THE TIME.
SUPPORT.
DEFEND.
RECOMMEND.
pretty please and thanks for listening so far?
(again my move away from UF was a consolidation and protection thing combined)

bye bye again...
loved all those fish...
yummy!

Please read this and sign here, so the unemployed and our economy can get back the billions of dollars wasted due to the HR4213/EUC08 Errors our government made over four years ago:
https://www.change.org/petitions/the-obama-administration-is-robbing-the-unemployed-out-of-arra-funds

Petitioning The President of the United States
This petition will be delivered to:

The President of the United States
The U.S. Senate
The U.S. House of Representatives
The Governor of CA
The CA State Senate
The CA State House
The Obama Administration The Office of Management and Budget
The Obama Administration is Robbing the Unemployed out of ARRA Funds

Comply with the Regulations for the EUC08 Program
by corazonroto corazonpartido
Alameda, CA
Sign this petition
with 1 supporter
9,999 NEEDED


From:
"corazonroto"
EUC08 Whistle Blower
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case No. A0-265448

(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
http://www.dailykos.com/story/2012/08/09/1118321/-Mr-President-there-is-a-serious-problem-with-the-EUC08-program

Welcome to our 21st Century Watergate
http://www.dailykos.com/story/2012/08/26/1124397/-Welcome-to-our-21st-century-Watergate

That teacher is just one example. In her case she would be owed the difference between the $450/week EUC08 she should have been paid, and the $81/week she was paid by mistake due to the "Multiple EUC Claim" ERROR.

If she was denied these emergency designated funds for just 26 weeks (the other half of a state benefit year), then she is owed $450-$81 = $369 x 26 weeks of denial = $9594.00 (my appeal paid me back $2786 dollars from a lesser denial over the same time period).

The feds and state wanted to overturn my case but have not been able to since last October 2011. They are ignoring these problems that may have affected many of these claims over the past four years:

Since 2008 there have been 29,748,954 EUC08 Claims (for all tiers) that have paid a combined 663,688,610 weeks of benefits. The amount spent so far = $97,433,246,688 for EUC08 benefits to present day.

How much money do you think has been wasted if just 1% of those claims have similar problems?

1% of 29,748,954 claims = 297489.54 claims. If just 297,489 claims were affects by the "Multiple EUC Claims ERROR", by denial similar to my appeal case (A0-265448):

$2786 over 26 weeks denied x 297489 claims affected by the "Multiple EUC Claim ERROR" = $828,804,354 !
This is just a low estimate...its much worse than that...in the billions easy...just plug in the $9594 that the teacher was owed in the example above, and it jumps to $2,854,109,466! Now factor in 4+ years of this on all those claims...

If more than 1% have been denied or overpaid...that number is too big and too scary to think about. Maybe that's why the Obama Administration has been trying to subvert my efforts and wants to dodge this hard question before the election? If I were wrong, then why can't the feds refute my appeal victory after almost one year?

Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0 is based on that appeal victory and the errors it exposed. I filed that in March/April of 2012 and it remains unanswered and unchallenged. My Appeal Case A0-265448 still stands.

The Obama Administration can neither refute my evidence nor figure out what to do about this before the election (other than delay and cover up).

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.
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Reasons for Signing

corazonroto corazonpartido
Alameda, CA
about 9 hours ago Liked 0

Billions of dollars in emergency designated ARRA aid has been kept from our Economy and millions of struggling workers & families for over four years due to the Obama Administration implementation errors that they refuse to refute, investigate nor repair.


Please and thank you.
jerkyspace (aka corazonroto)
https://www.facebook.com/investigatetheeuc08errors
https://www.facebook.com/pages/Stop-the-Department-of-Labor-Extended-Benefits-Mistake-Cover-Up/120673654739454
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448 still standing!

(my Facebook "presence" is down until I get them to back off or I sue them in court)

Jerky, I posted an article about this a while back...I'll bump it up

http://www.unemployed-friends2.org/t4802-mrpresident-there-is-a-serious-problem-with-the-euc08-program?highlight=Euc08+mistake