Hello there. You can call me "Nobody", and I happened to be in the Forest one day last year. I was unemployed and wandering around where I was not supposed to be...all by myself....deeper and farther in the Dark and Scary Unemployment Forest where no Struggling Worker nor Families had ever gone before. I found and saw something I was not supposed to. I want to tell you all my story, because it will expose serious problems in the Emergency Unemployment Compensation Program. I have tried to tell this story many times, maybe a "fable" format will prove more effective and entertaining this time....
Once upon a time in the Forest...
One day while deep in the Dark Forest, I was trying to collect my Emergency Unemployment Compensation Benefits (EUC08). I had tried to grow and harvest some of these the year before. But my previous employer planted my seeds too late and too few, and after I ran out of Regular Unemployment Compensation, was only able to collect a very small weekly benefit amount for a very short time on Emergency Unemployment Compensation (EUC08), because I did not work for that long before being laid off. But, I was very lucky, while deep in the Forest I stumbled across a rare path to more work. No need to look for regular nor emergency unemployment benefits in the Dark and Scary Forest anymore.
My new and much better paying employers on this new path took care of my needs for a while...leaving me much better seeds for the future...I was glad to get any EUC08 Benefits for a short time, but happy to be going back to work again. I forgot all about the lesser older claim and emergency benefits...thinking them to be terminated with no further entitlement to any remaining balance like any other unemployment claim would be when I went back to work again...
But, times are tough, and the work dried up again. The employers wanted to keep me working, but they didn't have enough work for everyone. I got laid off again, but I worked much longer and made more money this time. With no work and no other choice, I went back to the Scary and Unfriendly Forest, and spoke with the State Oracles, called the Employment Development Department of California. They did not want to help me, so I jumped through a bunch of hoops to entertain them and then they finally said I could have some more Federal EUC08, because I did go back to work and I had already run out of Regular Compensation Benefits again from the State.
I told them that my new employers had qualified me for a much better EUC08 harvest this year because I had worked and earned much more this time than the previous year before, so I felt I was entitled to more EUC08 at a higher rate for much longer on a brand new claim. My Regular Unemployment Compensation Rate was much higher in this new benefit year, so I did not think it would be a problem. This should have been a new and full harvest of EUC08 Emergency Benefits for me. I read all of the Federal Oracles Technical Administrative Law Text, and felt I was qualified for a new and higher amount of EUC08 benefits based on my higher Regular Compensation from this NEW WORK. The State and Federal Oracles are supposed to comply with this Federal Text found at Title 20 Chapter V Part 615, so having read this I felt confident there would be no problem.
But, there was a BIG PROBLEM. The wicked witches of my Forest, Pam Harris from the Employment Development Department, and Gay Gilbert from the Evil Department of Labor Employment & Training Administration (DOL ETA), did not want to help me nor any of the other Struggling Workers and Families. Gay Gilbert and her "policy expert" minions made great Dark Magic, altering the Federal Oracles Administrative Law Texts and Regulations to their own evil and unknown purposes. They compiled their own Evil EUC08 Guidelines from their wicked and incorrect interpretation of the Federal Administration Law for Extended Benefits and EUC08. Their Evil EUC08 Guidelines don't comply with these Federal Texts found at 20 CFR 615. They subverted the EUC08 Guidelines by making them non compliant with errors they published in the Q&A sections that greatly affect how these benefits are Paid, Determined and Adjudicated. They now give out much less EUC08 benefits for much shorter a time period. This greatly harms the Struggling Workers and Families forced to seek benefits in the Dark and Scary Forest...
They told "Nobody", both the DOL ETA, via Gay Gilbert and Pam Harris with EDD, that that I had to go back to my old harvest, from the year before, and pick up from the little scraps I was given back then. Much less EUC08 funds, for much less time, picking up from when I left off before. 20 CFR 615.5(2) says the EXACT OPPOSITE, stating that whenever someone leaves the Forest and goes back to work, and becomes eligible for new Regular Compensation again (new "harvest of EUC08"), that any EUC08 that was "planted" before in earlier years, and any remaining "harvest" is terminated with no entitlement to any remaining balance. Why would anyone want the older harvest with less funds?
When I went back to Regular State Unemployment Compensation they did not go back years looking for any remaining leftover balances at weekly lesser rates than the current year. They paid me Regular Unemployment based on the work I just became unemployed from and any other work in that "base period". Why would EUC08 be any different?
But, the witches have cast a spell over the EDD in California where Pam Harris rules. Gay Gilbert roams nationwide denying benefits based on her Wicked and Evil Non-Compliant EUC08 Guidelines, which do not follow the Federal Oracles Guidelines for Federal State Extended Benefits found at Title 20 Chapter V Part 615. She has cast a spell on all of the State Oracles Nationwide. The State Oracles are trapped by the DOL ETA Witches who give them orders under their Evil Text found in UiPL 23-08 and 4-10 Q&A sections. These spells subvert the TRUE TEXT for the Federal Oracles Regulations for these EUC08 Funds at 20 CFR 615. Nobody wants to defy the DOL ETA. Gay Gilbert is forcing everyone to follow HER EUC08 Guidelines, and has hidden away the actual Federal Administrative Law where nobody could find it to compare and see the obvious mistakes that are causing SO MUCH HARM TO THE UNEMPLOYED AND THE ECONOMY. This makes the Forest and "NOBODY" very sad...
The Witches EVIL EUC08 Guidelines said I could only have access to the much higher paying EUC08 claim once I finished all of my old and much lesser EUC08 Benefit scraps from the earlier year. Because I only withdrew a small amount of these funds, I was now faced with having to survive on this for more than one year because I had not exhausted even the first 5% of the old claim yet. If I could not find work otherwise, I would be TRAPPED with LESS EMERGENCY FUNDS, while much higher paying EUC08 Benefits "waited" for me to exhaust the old funds fully.
The Evil Witches also cackled away, reminding me that after one year I would lose the higher paying EUC08 benefits because I did not use them in time before a new benefit year came up. I told the Wicked Bad Naughty Witches that was not fair, I was trapped on a lesser claim, and while stuck on it I could never get access to the higher paying funds. Treacherous and Unfair Witches I cursed! This does not follow 20 CFR 615.5(2), nor does it follow 20 CFR 615.2(c)(2) nor even 20 CFR 615.2(h)(1)(2). They just howled back at me, "Our Evil EUC08 Guidelines are NOW THE LAW...we DO NOT CARE WHAT TITLE 20 CHAPTER V PART 615 says about terminating older EUC08 accounts when you go back to work"!
So now I am alone in the Forest, back at the beginning of our tale. I was wandering around without any help or way to break the Evil Witches Spell, until I a saw a light. It was the Evil Witch Gay Gilbert, Head of the DOL ETA Minions. I saw her hiding away the original Federal Administrative Law Text for Extended Benefits and EUC08. I waited until she flew away on her broomstick, and then went down the secret path she revealed. There was a sign above the entrance that said "iNTeRNeT". I had never heard of such a strange and magical place. I followed it to the end and hidden deep and far away from view, I found the Federal Oracles Administrative Laws and Regulations again. There was information everywhere, all the Laws and Regulations were free and available for anyone to see! The witches had hidden away the original copies, but I found them online again here:
I thought I had finally beaten the Evil Witches and broken their Dark Magic, but they were not happy with the Tribunal decision. While I had the power of this decision on my side, I tried to fight and corner the Evil Witches and their State and Federal Minions over the past six months. I brought a strong attack to their front doorstep, over and over, with my Evidence and Appeal Victory, and THE LIGHT of 20 CFR 615 on my side, trying to also trigger the "Might of Oversight", under the ARRA, Improper Payments and IG Act, to bear upon them, but they always slipped away. I could never get the Oversight to start. They refused to refute the LIGHT. They just ran away trying to delay my efforts for as long as possible. Our current most loved and adored great leader, King Obama, hoped to again be crowned in the Fall for four more fabulous years of peace and prosperity. It seem he/and or his staff may be involved/or know of the Wicked Witches Evil Plans to Subvert Recovery Efforts and Pay Far Less Emergency Benefits to the Struggling Workers and Families in Forest's Nationwide. His "white house" was contacted by Minions from the DOL ETA on 10/21/11. The day after my appeal victory in in Case A0-265448 no less, by the Minion known as Dale M. Zeigler of the DOL ETA, sent to the "white house" under Memorandum WH9262011-61/WH663175 (THANK THE FOIA).
Refusing to face my decision and evidence, with "no way to refute the light of 20 CFR 615", and ignoring the "Oversight", they fled like cowards, spreading their Dark Magic, forcing their Evil EUC08 Guidelines upon everyone except me, despite my victory at the Tribunal. They refused to comply nor face the Oversight and would not let me show the Light of the Federal Oracles Administrative Law Texts to any else.
In fact, after I tried to get the Tribunal of the CUIAB to make my case A0-265448 a precedent decision, post 10/20/11+, by trying to show Chief ALJ Alberto Roland, in a very detailed complaint, the LIGHT of 20 CFR 615 and how millions had been denied in error just like me, but again, the Evil Witches conspired to subvert my Civil and Constitutional rights by threatening the entire Forest of California with the loss of ALL EUC08 Benefits if the Tribunal dared to do so. They cast their Dark Magic again, and told the CUIAB Tribunal that their Evil EUC08 Error Ridden Non Complaint Guidelines were the Actual Federal Administrative Law and that they must appeal my Standing Decision and make me give back the almost $3000 in funds I had won back from them in my appeal.
In fact, in letters I was able to obtain through the use a mighty Freedom of Information Act spell with the Department of Labor's Office of Inspector General these last weeks (who also have been under the Witches Evil Dark Magic, unwilling to help me nor anyone else under the EUC08 ERROR CURSE), that has revealed the secret conspiracy to keep my case from ever becoming a precedent. The DOL ETA minions, under the direction of the Wicked Witch Gay Gilbert, threatened the whole State of California with the loss of all EUC08 benefits if this happened (whether it be legal or not to do so). Normally a case is taken to Superior Court or Federal Court with a Writ of Administrative Mandate asking a judge to re-examine the decision and evidence. But, the Minions do not want anyone to see the LIGHT from Title 20 Chapter V Part 615.
But, still their evil magic was not enough to even overturn my CUIAB case, despite the Evil Minions who work for Gay Gilbert at the Department of Labor Employment & Training Administration, who sent these threats in a letter via Todd Yamamoto of DOL ETA Region 6 on February 7,2012 to the Overlord of the California Labor & Workforce Development Agency Marty Morgenstern, who is in charge of both EDD and the CUIAB in California. They were asked to appeal my case and get the decision overturned while NOT making the case a precedent "whether they succeeded or not". "Either way" no Federal Funds would be used to pay me, despite the Law and Regulations that say otherwise.
Mr. Morgenstern consulted with the CUIAB and EDD, and the Evil Witch Pam Harris and the now corrupted CUIAB Chair of their Tribunal Robert Dresser. They both sent the DOL ETA back a joint letter on February 14,2012, assuring the DOL ETA that no precedent would be set, that any funds from the CUIAB Case A0-265448 victory would be paid by the State and not from Federal EUC08 "money" (but they still label all my payments as Federal EUC08 to present day). The Once Good and Just Tribunal Judge, who was in fact one of two CUIAB judges who presided over my 10/20/11 appeal victory, Robert Dresser was the one who agreed to pay me the state funds in secret to keep the feds happy and me "quiet" (as these same people ignored my Oversight and Precedent Requests). He also assured them that NO PRECEDENT WOULD BE SET NOR USED BASED ON MY CASE. In both letters Title 20 Chapter V Part 615 was never discussed. This was the heart of the case I won against them. How odd not to mention that at all?
I was never notified of any change nor problem with my appeal victory. I was in contact with both the State and Federal Minions at this same time, presenting evidence, requesting my case be made a precedent still and filing a Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0, to try to repair this Waste, Harm, Denial and Fraud that the DOL ETA Dark Magic had brought to all Forests Nationwide through the Evil and NON-COMPLIANT EUC08 Guidelines. Robert Dresser then, finally said at the end of the 2/14/12 response back to the Federal DOL ETA, that it would not be necessary to appeal my CUIAB Case any further, despite the Federal Minions asking him to do so to take my Emergency Funds back from me.
That is very strange isn't it? Why wouldn't they want to bring my case in front of an independent State or Federal Judge that is not influenced by the Witches nor Minions DARK MAGIC? It would seem that if an independent Tribunal were to compare my Appeal Victory, to the Evil EUC08 Guidelines that contain ERRORS in the Q&A section of UIPL 23-08 and 4-10, and then to weight that against the actual FEDERAL ADMINISTRATIVE LAW FOUND AT TITLE 20 CHAPTER V PART 615, then they might decide that the Federal and State Minions have been trying to cover up their DARK WASTEFUL AND HARMFUL MAGIC, that has denied billions of dollars to otherwise eligible "unemployed struggling workers and families".
Even stranger, on 2/17/12, just three days after the last letter sent back to the DOL ETA from the EDD and CUIAB on 2/14, putting the "cover up" in place against my Whistle Blower Efforts and my appeal case Precedent Request, the Department of Labor Office of Inspector General, Eder Marcus, decided to tell me they would not investigate this "state only" determination matter, said they were busy due to "administrative constraints", patted me on the head and told me they would "consider the matter for future review". Are the alarm bells ringing yet? Am I the only one that can hear them?
It seems the evil Witches and their Minions have decided to try to cover up my Whistle Blower Efforts, to show the rest of the Forests that there is LIGHT to be found in Code of Federal Regulations, proving this historic denial of "emergency designated funds", that would expose their DARK MAGIC, and in fact destroy it forever, allowing millions to billions of dollars in denied EUC08 funds to be restored to the Struggling Workers and Families again and thus bring that money back into the Economy, because that money gets spent right away. The Witches and Minions would be forced to admit they made such a huge and historic mistake, which is what gives them all their power. They feed off Waste, Corruption, Greed, Self Preservation, Self Enrichment, Malfeasance and Abuse of Authority. Without it, and once exposed, they have no power. They would not be able to withstand a Writ of Administrative Mandate against millions of improper and illegal EUC08 Payments, Determinations and Adjudication across 4+ years would they? If so my case would have been overturned already wouldn't it?
Who will save the Forest and Expose the Evil DARK MAGIC that has brought so much harm to the EUC08 Program our Economy and the Unemployed for so long?
Investigate the EUC08 Errors
From the DOL OIG FOIA request:
euc08 whistle blower=corazonroto=jerkyspace
First Letter 2/7/12:
Employment and Training Administration
90 7th Street 17300
San Francisco, CA 94103
Mr. Marty Morgenstern
Labor and Workforce Development
801 K Street Suite 2101
Sacramento, CA 95814
Dear Mr. Morgenstern:
I am writing concerning an October 20,2011 decision, copy enclosed, by the California Unemployment Insurance Appeals Board (CUIAB) awarding Mr. Jerkyspace Emergency Unemployment Compensation (EUC08). This decision is contrary to Federal Law. This case came to our attention as the result of an iquiry from Mr. Jerkyspace. I am writing to request the state to take actions set forth below to remedy this problem.
BACKGROUND: EUC08 is paid under Title IV of the Supplemental Appropriation Act. 2008, Public Law 110-252 (the "Act"), as amended. Section 4001(b)(2) of the Act conditions EUC08 eligibility upon an individual having exhausted all rights to regular compensation. Accordingly, where an individual, who is receiving EUC08, qualifies for a subsequent benefit year of regular compensation, EUC08 must stop until the individual exhausts regular compensation on that subsequent benefit year. However, section 4002(g) of the Act (added by section 3(a) of the Unemployment Compensation Extension Act of 2010 ("UCA")(Public Law 111-205)) made an exception (the "UCA exception") from this requirement for certain individuals who qualify for a subsequent benefit year of regular compensation at a lower weekly benefit amount. This exception applies only to individuals whose benefit years expire after July 22,2010 (section 3(b) UCA).
Unemployment Insurance Program Letter (UIPL) No. 04-10, Change 4, Attachment 1, Section D, copy enclosed, elaborates on the proper application of this exception in two questions and answers:
"D. Multiple EUC08 Claims/Accounts
1) Question: An individual has EUC08 accounts with respect to more than one benefit year. Which benefit year is used when applying the State EUC08 Options?
Answer: Only benefit years that expire after enactment (July 22, 2010) of the Extension Act may be used. If an individual received EUC08 on or before July 22, 2010, with respect to a
benefit year that has expired or will expire after July 22, 2010, they may qualify for the State EUC08 Option, if otherwise eligible.
2) Question: A claimant established Benefit Year 1 (BY1), exhausted regular UC on that benefit year, and then began receiving EUC08 based upon it. When the claimant established
a second benefit year, payment of EUC08 on BY1 was suspended, and s/he began receiving regular UC on Benefit Year 2 (BY2). The claimant then exhausted the regular UC on BY2,and resumed EUC08 based on BY1 (EUC08 claim was never established on BY2). BY2 now expires after the enactment of the Extension Act, and the claimant has sufficient wages to establish Benefit Year 3 at a WBA that is at least $100 or 25 percent less than the EUC08
WBA. BY1 expired before enactment of the Extension Act which does not meet the first criterion threshold. Does the State EUC08 Options provision apply to this claimant, allowing her/him to continue the receipt of EUC08 based upon BY1?
Answer: No. The State EUC08 Options provision only applies to benefit years that expire after enactment of the Extension Act. Since BY1 expired before enactment of the Extension Act, the State EUC08 Options provision does not apply to it. Although BY2 meets the condition of expiring after the enactment (criterion #1), the State Option provision still does not apply because the claimant never established entitlement to EUC08 with respect to BY2 since s/he still has entitlement to EUC08 with respect to BY1. "
On July 2, 2008 the state of California entered into an Agreement with the Secretary of Labor to administer the EUC08 program as an agent of the federal government.. Article I of this agreement requires the Employment Development Department (EDD) to make EUC08 payments in accordance with the act. Article II of this Agreement requires EDD to perform the functions and duties under the Agreement in accordance with the terms of the Agreement and any regulations or operating instructions issued by the U.S. Department of Labor. Article VI requires the EDD to "take such action as reasonably may be necessary to recover for the account of the United States all benefit amounts erroneously paid and restore any lost or misapplied funds to the state for benefits.
Mr. Jerkyspace Case: Jerkyspace has multiple claims for regular compensation, but never exhausted EUC08 based upon his first benefit year, which expired on March 28, 2009 - before the July 22, 2010 effective date of the UCA exception. Accordingly, the Employment Development Department (EDD) properly denied EUC when Mr. Jerkyspace became eligible for a new regular UI benefit claim. As in the above example, it is irrelevant that Mr. Jerkyspace had a subsequent benefit year that expired after July 22,2010. Mr. Jerkyspace never established entitlement to EUC08 based upon that subsequent benefit year and may not, therefore, avail himself of the UCA exception for receiving EUC08 based upon that benefit year. Rather, before collecting any more EUC08, he must (as required by section 4001(b)(2) of the Act) exhaust his regular compensation based upon the subsequent benefit year. Mr jerkyspace appealed EDD determination to the Office of Appeals where EDD's determination was affirmed at the first level appeal. The claimant then filed an appeal to the Board.
Contrary to the above referenced UIPL, the CUIAB overturned the lower authority decision and erroneously awarded EUC08 by applying the UCA exception to a subsequent benefit year (ending after July 22,2010) for which Mr. Jerkyspace never qualified for EUC08 (because he had remaining eligibility on his benefit year ending March 28,2009).
In accordance with the state's agreement to administer EUC, the state's EUC08 decisions must be consistent with UIPL No. 4-10 Change 4.Since the CUIAB's decision is inconsistent with this UIPL, the agreement requires the EDD to appeal the CUIAB's decision, and if successful, to issue a determination establishing an overpayment of any EUC08 benefits paid to Mr. Jerkyspace before the payment of regular compensation based upon his most recent benefit year.
If there is no reversal of this decision, then the EDD is not to use the CUIAB's decision as precedent in making future determinations of the eligibility for EUC08. Using this decision as precedent will result in the termination of the Agreement with the Secretary of Labor which will require the end of the EUC08 program in California. In addition, any EUC08 benefits incorrectly paid as the result of no reversal of the decision will result in disallowed costs under any audit.
Please advise what course of action the state will be taking concerning the CUIAB's decision on Mr. Jerkyspace's EUC Claim within 45 days of the date of this letter. You may refer any questions to Christine Chudd, Regional Director, Office State Systems, by email at firstname.lastname@example.org or by phone at (415)625-7955.
Acting Regional Administrator
Feb 7, 2012
Robert Dresser CUIAB
State of California Workforce Development Agency
California Unemployment Insurance Appeals Board
2400 Venture Oaks Way, Suite 300
Sacramento, CA 95833
Phone: (916) 253-6806
Fax: (916) 263-6842
Mr. Todd Yamamoto
Acting Regional Administrator
U.S. Department of Labor
Employment and Training Employment
Region 6, San Francisco
90 7th Street Suite 17300
San Francisco, CA 94103-1516
Subject: Emergency Unemployment Compensation Matter: Jerkyspace
Dear Mr. Yamamoto,
This letter responds to your letter February 7, 2011, letter to Marty Morgenstern, Secretary of the Labor and Workforce Development Agency, regarding decision in CUIAB Case No. A0-265448/Jerkyspace. Secretary Morgenstern has asked us to respond to you on this matter:
Pursuant to our conversation last week with Jamie Bachinski, and in accordance with your letter, we wish to provide you with the following assurances:
1. The Employment Development Department has not and will not use the decision in Case A0-265448 as a precedent for its determinations under the Emergency Unemployment Compensation Program (EUC) program.
2. The decision in Case No. A0-265448 will not be adopted by the CUIAB as a precedent.
3. Any and all benefits paid in error to Jerkyspace pursuant to Case No. A0-265448 will be paid without the use of federal funds.
4. CUIAB will conduct EUC training so that its judges fully understand the issues and definciencies in Case No. A0-265448.
We appreciate Jamie speaking with us last week to provide clarification on the DOL's expectations for resolving this matter. It is our understanding that with these assurances it will not be necessary to pursue further action in court to seek the overturn of Case No. A0-265448. Thank you for helping us achieve a satisfactory resolution to this matter.
Robert Dresser, Chair
California Unemployment Insurance Appeals Board
Pam Harris, Director
Employment Development Department
Marty Morgenstern, Labor & Workforce Development Agency
Jamie Bachinski, DOL ETA Region 6
Mark Woo Sam, Labor & Workforce Development Agency
Ralph Hilton, CUIAB
Sandra Clifton, EDD Legal Office
Talbott Smith, EDD Unemployment Insurance Branch.
TITLE 20--Employees' Benefits------------------------------------
CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
PART 615-EXTENDED BENEFITS IN THE FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM
(c)(1) Benefit year means, with respect to an individual, the benefit year as defined in the applicable State law.
(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. For this purpose, the most recent benefit year for an individual who has unexpired benefit years in more than one State when an initial claim for Extended Benefits is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed. The individual's most recent benefit year which expires in an Extended Benefit Period is the applicable benefit year if the individual cannot establish a second benefit year or is precluded from receiving regular compensation in a second benefit year solely by reason of a State law provision which meets the requirement of section 3304(a)(7) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)(7)).
(h) Eligibility period means, with respect to an individual, the period consisting of—
(1) The weeks in the individual's applicable benefit year which begin in an Extended Benefit Period, or with respect to a single benefit year, the weeks in the benefit year which begin in more than one Extended Benefit Period, and
(2) If the applicable benefit year ends within an Extended Benefit Period, any weeks thereafter which begin in such Extended Benefit Period, but an individual may not have more than one eligibility period with respect to any one exhaustion of regular benefits, or carry over from one eligibility period to another any entitlement to Extended Benefits.
§615.5 Definition of ''exhaustee.''
(a)(1) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual's eligibility period:
(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.
UNEMPLOYMENT INSURANCE PROGRAM LETTER NO.23-08-----------------------------------
1. Attachment A - Implementing and Operating Instructions for EUC08
This section contains the definitions of terms used throughout this document. To the extent possible, these definitions follow the extended benefit regulations found at 20 CFR 615.2, as required by Section 4006 of the Act regarding these terms. References to 5 U.S.C. Chapter 85 relate to Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Servicemembers (UCX).
4. “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. For this purpose, the most recent benefit year, for an individual who has unexpired benefit year s in more than one state when an initial claim for EUC08 is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed. Note. The Act requires individuals to “have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before May 1, 2007 ).” (Section 4001(b)(1) of the Act. Emphasis added.) In the majority of states, where benefit years end on Saturday, the practical effect is that the Act applies to individuals with benefit years ending on or after Saturday, May 5, 2007.
b. Determining Exhaustees .
(1) Under Section 4001(c) of the Act, for an individual to be considered to have exhausted benefit rights to regular compensation in an applicable benefit year (for purposes of meeting the first EUC 08 eligibility criterion), the individual must have either:
(A) received all regular compensation payable based on employment and/or wages during the applicable base period; or
(B) had rights to regular compensation terminated by reason of the expiration of the applicable benefit year in which these rights existed.
(2) Exhaustees cease to be exhaustees when they can establish a valid new benefit year; therefore, at each quarter change, the state must check to see if an individual meets the state’s requirements to establish a new benefit year. If the individual can establish a new benefit year, s/he would no longer qualify for the EUC08 claim. In these cases, the claimant should be advised that s/he no longer qualifies for the EUC08 claim and that s/he can file a regular UI claim. Once the claimant qualifies for a new claim, the payments on the EUC08 claim must end, even if the Weekly Benefit Amount (WBA) for the new claim is lower than what the claimant was receiving on the EUC08 claim.
Note. The requirement to check eligibility for regular compensation at each quarterly change was not explicitly stated in the guidance implementing the Temporary Extended Unemployment Compensation Act of 2002. However, the Department has determined that it is a method of administration necessary for assuring that individuals have in fact exhausted regular compensation as required by the Act.
13. Inviolate Rights to EUC08 . Except as specifically provided in these instructions, the rights of individuals to EUC08 shall be protected in the same manner and to the same extent as the rights of persons to regular compensation are protected under the applicable state law. Such measures must include protection of claimants for EUC08 from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment, of their rights to EUC08. In the same manner and to the same extent, individuals shall be protected from discrimination and obstruction in regard to seeking, applying for and receiving EUC08.------------------------------
The State Bar of California
EUC08 Whistle Blower Complaint against:
CUIAB Chair/ALJ/Active Attorney
Robert Stephen Dresser - #43318
For his part in the 2/7, 2/14 and 2/17 actions against my efforts to repair this waste, harm, denial and fraud of billions of dollars in ARRA emergency designated funds :
NOW UNDER INVESTIGATION
Sandra Clifton EDD
Mark Woo Sam LABOR & WORKFORCE
Alberto Roland CUIAB
Roy Ashburn CUIAB
and any other
ACTIVE STATE BAR ATTORNEYS
who may be involved in these illegal, improper and unconstitutional actions that their "clients" have committed against me and millions of Unemployed Struggling Workers and Families
The rest of the story can be found here (in order):
Mr. President, I hear FOIA calling...
The Recovery Fraud Complaint and CUIAB Case:
a Recovery Fraud Complaint ignored...
Specific Evidence of the ARRA implementation mistakes:
An ARRA Implementation Error Exposed