corazonroto
Member
- Dec 15, 2012
- 61
- 5
- 6
Struggling workers and our weak economy are being denied emergency designated recovery act (ARRA) funds from the federal Emergency Unemployment Compensation program (EUC08). This is due to a serious implementation disaster nationwide, but nowhere is the problem worse than in California, with the willful delay and denial of benefits under the tyranny of the Employment Development Department Director Pam Harris. She is responsible for overseeing the denial of funds from too many struggling workers and families in California. Even worse, this agency under Pam Harris's misguided and poor leadership has been denying claimants their rights to a fair and timely appeal, while refusing to respond to their request for clarification, and only issues faulty notices of determination, designed to automatically fail any first round appeal challenges. EDD's Pam Harris "dares" claimants to challenge her abuses of authority, and if so they can expect little chance for a fair and timely appeal hearing (with the California Unemployment Insurance Appeals Board but EDD issues the initial notices that start the process). This violates our rights and the law, therefore she should be removed from office, pending a criminal investigation into the official misconduct, abuses of authority, ARRA waste, denial and fraud that she is responsible for:
Change.org Petition:
California Employment Development Department: Remove Pam Harris: Stop Emergency Unemployment Compensation Denials
http://www.change.org/petitions/cal...p-emergency-unemployment-compensation-denials
I am a California claimant for EUC08 benefits and I have been forced to become an investigator as well, every since my requests for proper unemployment payments began to be affected by the incompetent, contradictory, and adversarial system of illegal benefit denials that has taken the place of our actual laws and the US Department of Labor operating instructions for these vital ARRA funds, under the tyranny of California Employment Development Department Director Pam Harris (all other states are affected by EUC08 implementation problems, but my state, is the worst of them all).
Since the start of 2011, I have been to forced to fight off EDD and the US Department of Labor, while both this state and federal agency continue to deny claimants benefits violating their "inviolate rights to EUC08 " with no legal nor logical justification. It appears that the easiest way to reduce the unemployment rate is to simply deny funds based on implementation errors harming the weak, and those unable to defend themselves: the long term unemployed.
I have already defeated half a dozen benefit denial attempts by EDD, based on their own errors, and compounded by other implementation mistakes that the US DOL is responsible for. The most significant being Californian Unemployment Insurance Appeals Board Case A0-265448, decided in my favor on 10/20/11 (the US DOL operating instructions "Multiple EUC Claims" "order of payment ERROR" was refuted). I was able to stop the government from paying me the older and lesser remaining balance of funds from a prior EUC08 account/benefit year instead of the higher paying most recent claim I had become an "exhaustee" with respect to. The government lost, and were not happy, more details in this "sister" petition here directed at the US Department of Labor:
https://www.change.org/petitions/de...re-robbing-the-unemployed-out-of-recovery-aid
Since our collective economic suffering began in 2008, the US Government, through the Supplemental Appropriations Act and later American Recovery & Reinvestment Act, has authorized these emergency designated funds from the federal Emergency Unemployment Compensation Program (EUC08), to be available to assist struggling workers and families nationwide. That money then helps to support our weak economy. These funds are paid through a Federal-State partnership, that each state became a part of under the "EUC08 Agreement", that makes them responsible for implementing these ARRA designated funds, in accordance with federal law and US Department of Labor operating instructions from the Employment & Training Administration.
Claimants can become eligible for EUC08 program benefits if they can be determined to be an "exhaustee" according to the US Department of Labor instructions and the federal law. This means that you have exhausted all of the regular state unemployment compensation available to you and that you have no other entitlement to any other extended compensation with respect to the base period/benefit year that you became entitled to be paid UI benefits in the first place. That is your "applicable benefit year" and all EUC08 determinations, payments and adjudication are supposed to be based upon this year.
The US DOL instructions generally allow for EUC08 payments based on the most recent benefit year that state regular unemployment was exhausted from, but when there is no other entitlement left, the instructions advise states to look for any prior benefits years that expired before the claimant could be paid EUC08 or to see if any older accounts have a remaining balance of funds. If the claimant can still be considered an "exhaustee" with respect to this year, then according to the instructions found in Program Letter 23-08 (UIPL) change 1, section B, "Individuals Potentially Eligible for EUC08" Q&A #1 and #3 on page 3, payments can begin/resume based on that prior account.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL23-08C1a1.pdf
Pam Harris and EDD don't see things this way. They won't say why, they won't even address specific legal evidence such as this. They just wave their hands and say no even when their responses were refuted with legal points of law from the US DOL instructions they refuse to talk about. In 2011 they tried to deny my benefit by telling me that the applicable benefit year was ALWAYS the initial year until all funds exhausted no matter what other claims came up. CUIAB Case A0265448 proved them wrong.
Now in 2013 they are telling me the opposite, that EUC08 is ONLY PAID based on the most recent benefit year, ignoring what the US DOL operating instructions say above in UIPL 2308 change 1 section B about prior ones. I have contradictory evidence that also shows EDD, in a current Superior Court challenge to, saying the OPPOSITE and same as what they told me before my appeal case refuted them, that they intend to force another claimant onto the older and lesser EUC08 entitlement first instead paying EUC08 based on the most recent recent year they became an “exhaustee” with respect to. How many other contradictions are there? Denying benefits seems to be the ultimate goal no matter what the law says (that the EUC08 eligibility exists both on most recent benefit years and prior ones with remaining balances or that were never started).
This is madness and defies logic while violating our rights. They won't respond to the evidence, like a spoiled child proven wrong. They just want to deny benefits to claimants, and delay and subvert a fair and timely appeal without proper appeal-able notices of determination, from a claimant like me that has beat them more than 6 times in the past several years on every EUC08 related matter so far. The US DOL operating instructions contain errors as well, that I already refuted in one court case that they refuse to recognize. I know of many other claimants who were denied benefits the same way I was in that appeal, but the US Government, and Pam Harris refuse to apply the result of my case to help restore their denied emergency unemployment compensation.
While fighting the government under that other ongoing petition, I have again been denied benefits by Pam Harris of California EDD and been denied benefits pending appeal in violation of the law. It seems she intends to "pay me back" for beating EDD so many times over the past few years. Like before, I am confident that the law and US DOL operating instructions will defeat EDD's latest denial attempt: proper payment of EUC08 funds from the remaining account balance from a prior benefit year that I had only been paid for a few weeks of benefits before a new state regular unemployment claim took priority. But, like millions of others since 2008, EDD and Pam Harris have tried to deny me these benefits based on no legally sound arguments, while refusing to generate the proper notifications so that I can appeal. Daring me to survive long enough to get my emergency designated funds back from them again.
Like my 2011 appeal case, I have caught EDD and Pam Harris intentionally trying to delay and subvert my just appeal attempts and request to be paid these emergency benefits pending my appeal. They won't even generate a proper notice of determination for my request as the law requires further delaying my appeal attempts. Four weeks and counting with no income nor clear response from EDD. This isn't their first screw up. Read for yourself from their own internal documents that I obtained in 2012, this is not the first time claimants have been denied EUC08 payments due to internal mistakes from UIPN 11-011 2/17/11,
"A sweep of SCDB done this week showed that since January 6, 2011 there were approximately 2600 claimants that should have been eligible to participate in the DNCP but were not because staff did not follow established procedures running the DNCP macro" (Deferred New Claim Program is the Public Law 111-205 Part Time Penalty Fix so many DID NOT qualify for due to mistakes like this).
That's thousands of errors in under a few weeks! How many since 2008? The California Assembly Committee on Insurance was aware of EDD's serious problems, before they made the mistake to put Pam Harris in charge of fixing this not long after this scathing report:
http://media.sacbee.com/smedia/2010/02/09/10/Letter_to_the_Governor1.source.prod_affiliate.4.pdf
"EDD's performance problems are severe and the Assembly intends to continue it's oversight throughout the year, in an effort to get the Department back on track"
Nothing has changed, in fact things have gotten even worse. California EDD is plagued by a "culture of denial" fostered by the poor and incompetent leadership that Pam Harris has brought to an already troubled agency. I have begun investigating on my own, and have request through the California Public Records Act copies of ALL EUC08 related manuals, documents and claimant records for all denials since 2008 from California EDD and the California Unemployment Insurance Appeals Board. I filed a Criminal Complaint with the California Assembly, FBI and US DOJ this week.
I am asking them and you, to help me have California EDD's director Pam Harris removed from office, pending an official criminal investigation into her involvement in the systematic denial of federal emergency unemployment compensation funds since 2008. All benefits improperly denied to all claimants must be restored. Those responsible must be held accountable.
"Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928)."
-------------------------------------------
The Criminal Complaint
To:
California Committee on Insurance
Assembly Rules Committee
1020 N Street, Room 369
Sacramento, California 95814
916.319.2086 phone
916.319.2131 fax
Subject:
Serious Problems with California Employment Development Department with regards to federal Emergency Unemployment Compensation Program Implementation Disaster
(part of a wider problem involving implementation mistakes made by the US Department of Labor and other agencies nationwide wasting billions of ARRA dollars and harming millions of struggling workers and families as well as state and federal economies/funds)
The federal EUC08 program has paid more than $100 billion dollars on more than 29 Million claims since 2008. The state and federal government has been wasting and denying funds since 2008 due to these implementation errors that I have exposed (already refuted on major mistake in a court of law see below).
Nothing has improved over at California EDD, since you tried to reform them last in this scathing review from 2010:
http://media.sacbee.com/smedia/2010/02/09/10/Letter_to_the_Governor1.source.prod_affiliate.4.pdf
"EDD's performance problems are severe and the Assembly intends to continue it's oversight throughout the year, in an effort to get the Department back on track"
PAM HARRIS WAS A POOR CHOICE FOR EDD LEADERSHIP, AS MY EVIDENCE WILL SHOW, AND I ASK THAT SHE AND THOSE RESPONSIBLE BE REMOVED FROM THEIR POSITION PENDING A FULL INVESTIGATION THAT I AM MORE THAN HAPPY TO COLLABORATE WITH. THIS GOES FOR THE CUIAB AS WELL: ALBERTO ROLAND AND ROBERT DRESSER HAVE GOTTEN THEMSELVES WRAPPED UP IN THIS CONSPIRACY TO DENY AND WASTE ARRA FUNDS AS HAS MARTY MORGENSTERN (see evidence below and scans of relevant documents)
I direct your attention to my evidence below that is supported by these scans of incriminating documents for you to review (all have notes at the bottom to guide you as you go through the problem)
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
(full overview of all documents)
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket
(illegal actions by the US DOL regarding CUIAB Case A0-265448 on 2/7/12)
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket
(illegal actions by EDD, CUIAB and Labor & Workforce agency in response, on 2/14/12 to the letter above from 2/7/12)
CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket
(the appeal case I prevailed in, that refute both EDD and US DOL EUC08 program policy/implementation errors that denied me and millions others funds)
White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket
(proof of the White House and President's Obama's questionable involvement in these activities that involve Public Corruption and Economic Stimulus Fraud)
I have evidence of their federal Emergency Unemployment Compensation Program Implementation Disaster, and am filing a criminal complaint after the state and federal government have utterly failed to even investigate this strong evidence, while further denying me and millions of other citizens emergency designated ARRA funds, due to negligence, incompetence, abuses of authority, public corruption and economic stimulus fraud.
Will the Committee on Insurance hear my petition to redress these grievances?
Criminal Complaint against the California Employment Development Department, California Unemployment Insurance Appeals Board, California Labor & Workforce Agency, and the US Department of Labor Employment & Training Administration
I. Victims
(a) <name withheld for privacy> "Corazonroto" California Unemployment Insurance Appeals Board Case (CUIAB) A0-265448
(California Claimant for Federal Emergency Employment Compensation part of the American Recovery & Reinvestment Act) (EUC08)
(b) <name withheld for privacy> "claimant" vs California Unemployment Insurance Appeals Van Nuys (ongoing trial)
(California Claimant for Federal Emergency Employment Compensation part of the American Recovery & Reinvestment Act) (EUC08)
(c) Millions of other struggling workers and families nationwide since August of 2008 have been denied federal EUC08 program ARRA emergency designated funds similar to (I)(a)(b) above (due to the same US DOL implementation disaster) (every other state nationwide have been issued the same faulty US DOL EUC08 program guidelines and been given the same faulty advise that brought harm and or failed to keep from harm (I)(a)(b)(c))
II. Subjects of the Criminal Complaint
(a) Robert Wagner - Chief of Special Benefits Department of Labor
(b) Suzanne Simonetta - Legislature Chief Division of Unemployment DOL
(c) Dale Ziegler - Unemployment Insurance Division DOL
(d) Gay Gilbert - Employment & Training Administration DOL
(e) Hilda Solis - Head of the Department of Labor DOL
(f) Betty Castillo - DOL ETA
(g) Jamie Bachinski - DOL ETA
(h) Todd Yamamoto - DOL ETA Region 6
(i) Jane Oates - DOL ETA
(j) Eder Marcus - Department of Labor Office of Inspector General
(k) Robert Coyle - DOL OIG
(l) Freddie Howell - DOL OIG
(m) Daniel Petrole - DOL OIG
(n) Valerie Griffen Blalock
(o) Kathleen Tighe - Recovery Accountability & Transparency Board
(p) Donald Cox - Recovery Accountability & Transparency Board
(q) Atticus Reaser - RATB
(r) Roy Kime - RATB
(s) Pam Harris - California Employment Development Department
(t) Sandra Hughes Clifton - California Employment Development Department Legal
(u) Robert Dresser - California Unemployment Insurance Appeals Board
(v) Alberto Roland - California Unemployment Insurance Appeals Board
(w) Kim Hickox - California Unemployment Insurance Appeals Board Legal
(x) Mark Woo Sam - California Labor & Workforce
(y) Marty Morgenstern - California Labor & Workforce
III. Date and Time of Incidents
(a) 1/1/2011 - California EDD on faulty advise from US DOL Paid federal EUC08 benefit improperly violating law and US DOL operating instructions from the wrong eligibility period, ignoring current exhaustee status based on the most recent benefit year
(b) 3/27/11 - Improper EUC08 denial of benefits determinations made by California EDD under PL. 111-205/110-252
(c) 6/7/2011 - Improper Adjudication by CUIAB Oakland EUC08 Appeal 3761037 (improper appeal issued provided by EDD and ignored by CUIAB prior to trial despite claimant requests) (improper adjudication was REVERSED by CUIAB Case A0-265448 on 10/20/11 but no "precedent" was set as requested...see below)
(d) 10/20/11 - 2/7/12 - Improper action by CUIAB, EDD, California Workforce Agency, US Department of Labor over CUIAB case A0-265448 decision, payment of federal EUC08 funds post appeal, and request for the case to be set as a "precedent" to help other claimant victims in California (ultimately nationwide)
(e) 2/14/12 (and prior dates from Nov 2011+ to present day 4/19/13) - Department of Labor Office of Inspector General fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds
(f) November 2011 - present day (4/19/13) - Recovery Accountability & Transparency Board fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds
(g) November 2011 - present day (4/19/13) - Federal Bureau of Investigations fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds while ignoring state and federal officials that have abused their authority, violated federal civil rights statutes, laws, regulations and US Department of Labor Operating instructions for the federal EUC08 program
(h) November 2011 - present day (4/19/13) - US Department of Justice fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds while ignoring state and federal officials that have abused their authority, violated federal civil rights statutes, laws, regulations and US Department of Labor Operating instructions for the federal EUC08 program
(i) 3/25/13 - present day (4/19/13) - California Employment Development Department, California Unemployment Insurance Appeals Board, and US Department of Labor all making improper response/advice and failing to respond with proper clarification nor specific notification, with regards to this claimants just and legal request that they continue payment of federal EUC08 funds from his remaining entitlement to the remaining balance available based on the applicable benefit year of 3/29/09 and 2/14/10 Notice of Determination for these emergency designated ARRA funds. More than four weeks have passed since initial inquires resulted in more EUC08 program implementation disaster discoveries: the fact that our government is selectively cherry picking out of context US DOL operating instructions with the express purpose meant to deny ARRA emergency designated EUC08 funds (like they are trying to do to millions of other claimants nationwide for more than five years with no end to this ongoing injustice).
IV. Points of Law/Violations (committed by the actions and inactions of those listed above in section II Subjects of the Criminal Complaint)(details below in the email summaries that follow and the previous evidence provided since 2011)
(a) Public Law 110-252
(1) section 4001 (b)(1)(2)(3)
(2) section 4001 (c)(1)(2)
(b) Public Law 111-205
(1) section 3(a)(g)(1)(a)(b)(c)(d) (amending PL 110-252 section 4002)
(c) Federal Civil Rights Statutes (Color of Law Abuse/Failure to Keep from Harm)
(1) Title 18, U.S.C., Section 241 Conspiracy Against Rights
(2) Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law
(d) US Department of Labor regulations from Title 20 Chapter V Part 615
(1) 20 CFR 615.2(c)(2)
(2) 20 CFR 615.2(h)(1)(2)
(3) 20 CFR 615.5, 615.5(2)
(e) US Department of Labor Operating Instructions for EUC08
(1) UIPL 23-08 Attachment A
(i) definitions #4 "applicable benefit year"
(ii) Operating Instructions (1)(a)(b), (9), and (13)
(iii) Processing Claims (4)(a)(d), (5)(b)(c)
(2) All subsequent UIPL Q&As (23-08 through 4-10 changes to present day) related to the EUC08 program contain errors and inconsistencies that have either been refuted by CUIAB Case A0-265448 (Multiple EUC Claims Q&A Errors) on 10/20/11 absent any correction by the US DOL and/or are currently under this ongoing new challenge (Denial of EUC Entitlement/Remaining balance from Prior Benefit Years) (see specifics below)
(f) American Recovery & Reinvestment Act of 2009
(1) Section 3 (1)(2) (principles and purposes)
(2) section 5 (a) (emergency designated funds)
(3) Division B, Title II, Section 2011, extension of EUC08 program
(4) ARRA oversight ignored, subverted willfully
(5) Billions of dollars in ARRA funds from the EUC08 program wasted, denied, improperly paid since 2008
(g) California Unemployment Insurance Code
(1) section 4001(a)(b)
(2) section 4002(a)
(3) section 4552(a)(b)(c)(d)
(h) California Code of Regulations
(1) 22 CCR section 1326-12 Payments While Case is on Appeal (a)(b)(c)(d) (benefits pending appeal from the 3/29/09 EUC08 claim remaining balance)
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That is the outline of the criminal complaint I am beginning to file today 4/19/13. Details can be found in the emails below (NOT INCLUDED IN THIS POST), describing recent events with summaries of the relevant evidence, arguments and points of law and in the official written complaints I am submitting to the California State Bar, California Attorney General, California Department of Justice, US Attorneys, Federal Bureau of Investigations, Department of Justice Criminal, Fraud, Civil Rights and Special Litigations Divisions, Department of Justice Office of Inspector General, US Department of Labor Office of Inspector General, Recovery Accountability & Transparency Board, General Accounting Office Inspector General, Treasury Office Inspector General, White House Office of Management and Budget, Executive office of the President, American Civil Liberties Union, National Unemployment Law Project and many other private law firms/attorneys nationwide.
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http://www.change.org/petitions/cal...gency-unemployment-compensation-denial-system
https://www.facebook.com/UnemploymentBenefitsRestorationProject
Long-term unemployed finding few resources for help
Casualties of the Recession: Little help for long-term unemployed - Business - The Boston Globe
America's Jobless Crisis
America's Jobless Crisis - The Daily Beast
The Jobless Trap
http://www.nytimes.com/2013/04/22/o...nl=todaysheadlines&emc=edit_th_20130422&_r=1&
Sequester Slashes Help for Long-Term Unemployed
Sequester Slashes Help for Long-Term Unemployed - NationalJournal.com
The Tragedy of Long Term Unemployment
The tragedy of long term unemployment | Felix Salmon
Change.org Petition:
California Employment Development Department: Remove Pam Harris: Stop Emergency Unemployment Compensation Denials
http://www.change.org/petitions/cal...p-emergency-unemployment-compensation-denials
I am a California claimant for EUC08 benefits and I have been forced to become an investigator as well, every since my requests for proper unemployment payments began to be affected by the incompetent, contradictory, and adversarial system of illegal benefit denials that has taken the place of our actual laws and the US Department of Labor operating instructions for these vital ARRA funds, under the tyranny of California Employment Development Department Director Pam Harris (all other states are affected by EUC08 implementation problems, but my state, is the worst of them all).
Since the start of 2011, I have been to forced to fight off EDD and the US Department of Labor, while both this state and federal agency continue to deny claimants benefits violating their "inviolate rights to EUC08 " with no legal nor logical justification. It appears that the easiest way to reduce the unemployment rate is to simply deny funds based on implementation errors harming the weak, and those unable to defend themselves: the long term unemployed.
I have already defeated half a dozen benefit denial attempts by EDD, based on their own errors, and compounded by other implementation mistakes that the US DOL is responsible for. The most significant being Californian Unemployment Insurance Appeals Board Case A0-265448, decided in my favor on 10/20/11 (the US DOL operating instructions "Multiple EUC Claims" "order of payment ERROR" was refuted). I was able to stop the government from paying me the older and lesser remaining balance of funds from a prior EUC08 account/benefit year instead of the higher paying most recent claim I had become an "exhaustee" with respect to. The government lost, and were not happy, more details in this "sister" petition here directed at the US Department of Labor:
https://www.change.org/petitions/de...re-robbing-the-unemployed-out-of-recovery-aid
Since our collective economic suffering began in 2008, the US Government, through the Supplemental Appropriations Act and later American Recovery & Reinvestment Act, has authorized these emergency designated funds from the federal Emergency Unemployment Compensation Program (EUC08), to be available to assist struggling workers and families nationwide. That money then helps to support our weak economy. These funds are paid through a Federal-State partnership, that each state became a part of under the "EUC08 Agreement", that makes them responsible for implementing these ARRA designated funds, in accordance with federal law and US Department of Labor operating instructions from the Employment & Training Administration.
Claimants can become eligible for EUC08 program benefits if they can be determined to be an "exhaustee" according to the US Department of Labor instructions and the federal law. This means that you have exhausted all of the regular state unemployment compensation available to you and that you have no other entitlement to any other extended compensation with respect to the base period/benefit year that you became entitled to be paid UI benefits in the first place. That is your "applicable benefit year" and all EUC08 determinations, payments and adjudication are supposed to be based upon this year.
The US DOL instructions generally allow for EUC08 payments based on the most recent benefit year that state regular unemployment was exhausted from, but when there is no other entitlement left, the instructions advise states to look for any prior benefits years that expired before the claimant could be paid EUC08 or to see if any older accounts have a remaining balance of funds. If the claimant can still be considered an "exhaustee" with respect to this year, then according to the instructions found in Program Letter 23-08 (UIPL) change 1, section B, "Individuals Potentially Eligible for EUC08" Q&A #1 and #3 on page 3, payments can begin/resume based on that prior account.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL23-08C1a1.pdf
Pam Harris and EDD don't see things this way. They won't say why, they won't even address specific legal evidence such as this. They just wave their hands and say no even when their responses were refuted with legal points of law from the US DOL instructions they refuse to talk about. In 2011 they tried to deny my benefit by telling me that the applicable benefit year was ALWAYS the initial year until all funds exhausted no matter what other claims came up. CUIAB Case A0265448 proved them wrong.
Now in 2013 they are telling me the opposite, that EUC08 is ONLY PAID based on the most recent benefit year, ignoring what the US DOL operating instructions say above in UIPL 2308 change 1 section B about prior ones. I have contradictory evidence that also shows EDD, in a current Superior Court challenge to, saying the OPPOSITE and same as what they told me before my appeal case refuted them, that they intend to force another claimant onto the older and lesser EUC08 entitlement first instead paying EUC08 based on the most recent recent year they became an “exhaustee” with respect to. How many other contradictions are there? Denying benefits seems to be the ultimate goal no matter what the law says (that the EUC08 eligibility exists both on most recent benefit years and prior ones with remaining balances or that were never started).
This is madness and defies logic while violating our rights. They won't respond to the evidence, like a spoiled child proven wrong. They just want to deny benefits to claimants, and delay and subvert a fair and timely appeal without proper appeal-able notices of determination, from a claimant like me that has beat them more than 6 times in the past several years on every EUC08 related matter so far. The US DOL operating instructions contain errors as well, that I already refuted in one court case that they refuse to recognize. I know of many other claimants who were denied benefits the same way I was in that appeal, but the US Government, and Pam Harris refuse to apply the result of my case to help restore their denied emergency unemployment compensation.
While fighting the government under that other ongoing petition, I have again been denied benefits by Pam Harris of California EDD and been denied benefits pending appeal in violation of the law. It seems she intends to "pay me back" for beating EDD so many times over the past few years. Like before, I am confident that the law and US DOL operating instructions will defeat EDD's latest denial attempt: proper payment of EUC08 funds from the remaining account balance from a prior benefit year that I had only been paid for a few weeks of benefits before a new state regular unemployment claim took priority. But, like millions of others since 2008, EDD and Pam Harris have tried to deny me these benefits based on no legally sound arguments, while refusing to generate the proper notifications so that I can appeal. Daring me to survive long enough to get my emergency designated funds back from them again.
Like my 2011 appeal case, I have caught EDD and Pam Harris intentionally trying to delay and subvert my just appeal attempts and request to be paid these emergency benefits pending my appeal. They won't even generate a proper notice of determination for my request as the law requires further delaying my appeal attempts. Four weeks and counting with no income nor clear response from EDD. This isn't their first screw up. Read for yourself from their own internal documents that I obtained in 2012, this is not the first time claimants have been denied EUC08 payments due to internal mistakes from UIPN 11-011 2/17/11,
"A sweep of SCDB done this week showed that since January 6, 2011 there were approximately 2600 claimants that should have been eligible to participate in the DNCP but were not because staff did not follow established procedures running the DNCP macro" (Deferred New Claim Program is the Public Law 111-205 Part Time Penalty Fix so many DID NOT qualify for due to mistakes like this).
That's thousands of errors in under a few weeks! How many since 2008? The California Assembly Committee on Insurance was aware of EDD's serious problems, before they made the mistake to put Pam Harris in charge of fixing this not long after this scathing report:
http://media.sacbee.com/smedia/2010/02/09/10/Letter_to_the_Governor1.source.prod_affiliate.4.pdf
"EDD's performance problems are severe and the Assembly intends to continue it's oversight throughout the year, in an effort to get the Department back on track"
Nothing has changed, in fact things have gotten even worse. California EDD is plagued by a "culture of denial" fostered by the poor and incompetent leadership that Pam Harris has brought to an already troubled agency. I have begun investigating on my own, and have request through the California Public Records Act copies of ALL EUC08 related manuals, documents and claimant records for all denials since 2008 from California EDD and the California Unemployment Insurance Appeals Board. I filed a Criminal Complaint with the California Assembly, FBI and US DOJ this week.
I am asking them and you, to help me have California EDD's director Pam Harris removed from office, pending an official criminal investigation into her involvement in the systematic denial of federal emergency unemployment compensation funds since 2008. All benefits improperly denied to all claimants must be restored. Those responsible must be held accountable.
"Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928)."
-------------------------------------------
The Criminal Complaint
To:
California Committee on Insurance
Assembly Rules Committee
1020 N Street, Room 369
Sacramento, California 95814
916.319.2086 phone
916.319.2131 fax
Subject:
Serious Problems with California Employment Development Department with regards to federal Emergency Unemployment Compensation Program Implementation Disaster
(part of a wider problem involving implementation mistakes made by the US Department of Labor and other agencies nationwide wasting billions of ARRA dollars and harming millions of struggling workers and families as well as state and federal economies/funds)
The federal EUC08 program has paid more than $100 billion dollars on more than 29 Million claims since 2008. The state and federal government has been wasting and denying funds since 2008 due to these implementation errors that I have exposed (already refuted on major mistake in a court of law see below).
Nothing has improved over at California EDD, since you tried to reform them last in this scathing review from 2010:
http://media.sacbee.com/smedia/2010/02/09/10/Letter_to_the_Governor1.source.prod_affiliate.4.pdf
"EDD's performance problems are severe and the Assembly intends to continue it's oversight throughout the year, in an effort to get the Department back on track"
PAM HARRIS WAS A POOR CHOICE FOR EDD LEADERSHIP, AS MY EVIDENCE WILL SHOW, AND I ASK THAT SHE AND THOSE RESPONSIBLE BE REMOVED FROM THEIR POSITION PENDING A FULL INVESTIGATION THAT I AM MORE THAN HAPPY TO COLLABORATE WITH. THIS GOES FOR THE CUIAB AS WELL: ALBERTO ROLAND AND ROBERT DRESSER HAVE GOTTEN THEMSELVES WRAPPED UP IN THIS CONSPIRACY TO DENY AND WASTE ARRA FUNDS AS HAS MARTY MORGENSTERN (see evidence below and scans of relevant documents)
I direct your attention to my evidence below that is supported by these scans of incriminating documents for you to review (all have notes at the bottom to guide you as you go through the problem)
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
(full overview of all documents)
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket
(illegal actions by the US DOL regarding CUIAB Case A0-265448 on 2/7/12)
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket
(illegal actions by EDD, CUIAB and Labor & Workforce agency in response, on 2/14/12 to the letter above from 2/7/12)
CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket
(the appeal case I prevailed in, that refute both EDD and US DOL EUC08 program policy/implementation errors that denied me and millions others funds)
White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket
(proof of the White House and President's Obama's questionable involvement in these activities that involve Public Corruption and Economic Stimulus Fraud)
I have evidence of their federal Emergency Unemployment Compensation Program Implementation Disaster, and am filing a criminal complaint after the state and federal government have utterly failed to even investigate this strong evidence, while further denying me and millions of other citizens emergency designated ARRA funds, due to negligence, incompetence, abuses of authority, public corruption and economic stimulus fraud.
Will the Committee on Insurance hear my petition to redress these grievances?
Criminal Complaint against the California Employment Development Department, California Unemployment Insurance Appeals Board, California Labor & Workforce Agency, and the US Department of Labor Employment & Training Administration
I. Victims
(a) <name withheld for privacy> "Corazonroto" California Unemployment Insurance Appeals Board Case (CUIAB) A0-265448
(California Claimant for Federal Emergency Employment Compensation part of the American Recovery & Reinvestment Act) (EUC08)
(b) <name withheld for privacy> "claimant" vs California Unemployment Insurance Appeals Van Nuys (ongoing trial)
(California Claimant for Federal Emergency Employment Compensation part of the American Recovery & Reinvestment Act) (EUC08)
(c) Millions of other struggling workers and families nationwide since August of 2008 have been denied federal EUC08 program ARRA emergency designated funds similar to (I)(a)(b) above (due to the same US DOL implementation disaster) (every other state nationwide have been issued the same faulty US DOL EUC08 program guidelines and been given the same faulty advise that brought harm and or failed to keep from harm (I)(a)(b)(c))
II. Subjects of the Criminal Complaint
(a) Robert Wagner - Chief of Special Benefits Department of Labor
(b) Suzanne Simonetta - Legislature Chief Division of Unemployment DOL
(c) Dale Ziegler - Unemployment Insurance Division DOL
(d) Gay Gilbert - Employment & Training Administration DOL
(e) Hilda Solis - Head of the Department of Labor DOL
(f) Betty Castillo - DOL ETA
(g) Jamie Bachinski - DOL ETA
(h) Todd Yamamoto - DOL ETA Region 6
(i) Jane Oates - DOL ETA
(j) Eder Marcus - Department of Labor Office of Inspector General
(k) Robert Coyle - DOL OIG
(l) Freddie Howell - DOL OIG
(m) Daniel Petrole - DOL OIG
(n) Valerie Griffen Blalock
(o) Kathleen Tighe - Recovery Accountability & Transparency Board
(p) Donald Cox - Recovery Accountability & Transparency Board
(q) Atticus Reaser - RATB
(r) Roy Kime - RATB
(s) Pam Harris - California Employment Development Department
(t) Sandra Hughes Clifton - California Employment Development Department Legal
(u) Robert Dresser - California Unemployment Insurance Appeals Board
(v) Alberto Roland - California Unemployment Insurance Appeals Board
(w) Kim Hickox - California Unemployment Insurance Appeals Board Legal
(x) Mark Woo Sam - California Labor & Workforce
(y) Marty Morgenstern - California Labor & Workforce
III. Date and Time of Incidents
(a) 1/1/2011 - California EDD on faulty advise from US DOL Paid federal EUC08 benefit improperly violating law and US DOL operating instructions from the wrong eligibility period, ignoring current exhaustee status based on the most recent benefit year
(b) 3/27/11 - Improper EUC08 denial of benefits determinations made by California EDD under PL. 111-205/110-252
(c) 6/7/2011 - Improper Adjudication by CUIAB Oakland EUC08 Appeal 3761037 (improper appeal issued provided by EDD and ignored by CUIAB prior to trial despite claimant requests) (improper adjudication was REVERSED by CUIAB Case A0-265448 on 10/20/11 but no "precedent" was set as requested...see below)
(d) 10/20/11 - 2/7/12 - Improper action by CUIAB, EDD, California Workforce Agency, US Department of Labor over CUIAB case A0-265448 decision, payment of federal EUC08 funds post appeal, and request for the case to be set as a "precedent" to help other claimant victims in California (ultimately nationwide)
(e) 2/14/12 (and prior dates from Nov 2011+ to present day 4/19/13) - Department of Labor Office of Inspector General fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds
(f) November 2011 - present day (4/19/13) - Recovery Accountability & Transparency Board fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds
(g) November 2011 - present day (4/19/13) - Federal Bureau of Investigations fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds while ignoring state and federal officials that have abused their authority, violated federal civil rights statutes, laws, regulations and US Department of Labor Operating instructions for the federal EUC08 program
(h) November 2011 - present day (4/19/13) - US Department of Justice fails to investigate, to keep citizens from harm under the color of law, and to prevent the waste, harm and denial of billions of dollars in emergency designated ARRA funds while ignoring state and federal officials that have abused their authority, violated federal civil rights statutes, laws, regulations and US Department of Labor Operating instructions for the federal EUC08 program
(i) 3/25/13 - present day (4/19/13) - California Employment Development Department, California Unemployment Insurance Appeals Board, and US Department of Labor all making improper response/advice and failing to respond with proper clarification nor specific notification, with regards to this claimants just and legal request that they continue payment of federal EUC08 funds from his remaining entitlement to the remaining balance available based on the applicable benefit year of 3/29/09 and 2/14/10 Notice of Determination for these emergency designated ARRA funds. More than four weeks have passed since initial inquires resulted in more EUC08 program implementation disaster discoveries: the fact that our government is selectively cherry picking out of context US DOL operating instructions with the express purpose meant to deny ARRA emergency designated EUC08 funds (like they are trying to do to millions of other claimants nationwide for more than five years with no end to this ongoing injustice).
IV. Points of Law/Violations (committed by the actions and inactions of those listed above in section II Subjects of the Criminal Complaint)(details below in the email summaries that follow and the previous evidence provided since 2011)
(a) Public Law 110-252
(1) section 4001 (b)(1)(2)(3)
(2) section 4001 (c)(1)(2)
(b) Public Law 111-205
(1) section 3(a)(g)(1)(a)(b)(c)(d) (amending PL 110-252 section 4002)
(c) Federal Civil Rights Statutes (Color of Law Abuse/Failure to Keep from Harm)
(1) Title 18, U.S.C., Section 241 Conspiracy Against Rights
(2) Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law
(d) US Department of Labor regulations from Title 20 Chapter V Part 615
(1) 20 CFR 615.2(c)(2)
(2) 20 CFR 615.2(h)(1)(2)
(3) 20 CFR 615.5, 615.5(2)
(e) US Department of Labor Operating Instructions for EUC08
(1) UIPL 23-08 Attachment A
(i) definitions #4 "applicable benefit year"
(ii) Operating Instructions (1)(a)(b), (9), and (13)
(iii) Processing Claims (4)(a)(d), (5)(b)(c)
(2) All subsequent UIPL Q&As (23-08 through 4-10 changes to present day) related to the EUC08 program contain errors and inconsistencies that have either been refuted by CUIAB Case A0-265448 (Multiple EUC Claims Q&A Errors) on 10/20/11 absent any correction by the US DOL and/or are currently under this ongoing new challenge (Denial of EUC Entitlement/Remaining balance from Prior Benefit Years) (see specifics below)
(f) American Recovery & Reinvestment Act of 2009
(1) Section 3 (1)(2) (principles and purposes)
(2) section 5 (a) (emergency designated funds)
(3) Division B, Title II, Section 2011, extension of EUC08 program
(4) ARRA oversight ignored, subverted willfully
(5) Billions of dollars in ARRA funds from the EUC08 program wasted, denied, improperly paid since 2008
(g) California Unemployment Insurance Code
(1) section 4001(a)(b)
(2) section 4002(a)
(3) section 4552(a)(b)(c)(d)
(h) California Code of Regulations
(1) 22 CCR section 1326-12 Payments While Case is on Appeal (a)(b)(c)(d) (benefits pending appeal from the 3/29/09 EUC08 claim remaining balance)
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That is the outline of the criminal complaint I am beginning to file today 4/19/13. Details can be found in the emails below (NOT INCLUDED IN THIS POST), describing recent events with summaries of the relevant evidence, arguments and points of law and in the official written complaints I am submitting to the California State Bar, California Attorney General, California Department of Justice, US Attorneys, Federal Bureau of Investigations, Department of Justice Criminal, Fraud, Civil Rights and Special Litigations Divisions, Department of Justice Office of Inspector General, US Department of Labor Office of Inspector General, Recovery Accountability & Transparency Board, General Accounting Office Inspector General, Treasury Office Inspector General, White House Office of Management and Budget, Executive office of the President, American Civil Liberties Union, National Unemployment Law Project and many other private law firms/attorneys nationwide.
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http://www.change.org/petitions/cal...gency-unemployment-compensation-denial-system
https://www.facebook.com/UnemploymentBenefitsRestorationProject
Long-term unemployed finding few resources for help
Casualties of the Recession: Little help for long-term unemployed - Business - The Boston Globe
America's Jobless Crisis
America's Jobless Crisis - The Daily Beast
The Jobless Trap
http://www.nytimes.com/2013/04/22/o...nl=todaysheadlines&emc=edit_th_20130422&_r=1&
Sequester Slashes Help for Long-Term Unemployed
Sequester Slashes Help for Long-Term Unemployed - NationalJournal.com
The Tragedy of Long Term Unemployment
The tragedy of long term unemployment | Felix Salmon
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