Why did the US Department of Labor threaten to end the EUC08 program on 2/7/12?

[corazonroto]

(Documents obtained via the Freedom of Information Act)

2/7/12
This is a letter from Todd Yamamoto of the US Department of Labor Employment & Training Adminstration, that was sent to California state labor agencies threatening the end of the Federal Emergency Unemployment Compensation program (EUC08).

He is talking about a California Unemployment Insurance Appeals Board case (A0-265448) that had successfully challenged implementation mistakes that this federal agency published starting back in August of 2008 (how to handle "multiple EUC08 claims"), that had been the cause of the improper EUC08 benefit denials the appeal decision reversed (10/20/11).

When the claimant they are discussing below tried to have this appeal victory set as a "precedent" to help other claimants nationwide this is how the US Department of Labor responded:
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket

(i) "This decision is contrary to Federal Law. This case came to our attention as the result of an inquiry from Mr.XXXX. I am writing to request the state to take actions set forth below to remedy this problem."

(ii) "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.XXXX before the payment of regular compensation based upon his most recent benefit year."

(iii) "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. "

Why isn't the media investigating and reporting?
Federal Agencies have no authority to subvert state administrative court decisions like this. The proper way to prove that the US Government was correct, as they claim in the letter above, would have been to take the case to court (as they suggest above) and prove that the California claimants appeal decision was contrary to federal law (as they claim). But this federal agency is demanding that the state does not use the decision whether they can overturn it in court or not. Is that even remotely legal? (they are using the same arguments that lost in court as if the court had no authority).


2/14/12
Here is how the state of California responded:
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket

"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/XXXX. 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 Mr.XXXX 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 deficiencies 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. "

Why isn't the media investigating and reporting?
Why did the state government decide to not take the case to court to seek its overturn? They kept paying the claimant federal EUC08 benefits based on the results of CUIAB Case A0-265448 that they all appear to agree is "contrary to federal law" (but appear to be using state funds because the feds refuse to pay either way). If that is the case why were they afraid to take the matter to a higher court to prove they were correct?

Would the fact that the White House was notified by the involved US Department of Labor Employment & Training Administration officials the day after CUIAB case A0-265448 on 10/21/11 have anything to do with them wanting to cover this mess up? (the related documents appear to show that both President Obama and Hilda Solis were made aware of these problems prior to the improper action taken above).

Memorandum WH9262011-61
White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket

More supporting documents/evidence:
CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket

Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket

FOIA Timeline US DOL Photos by corazonroto512 | Photobucket

https://www.facebook.com/UnemploymentBenefitsRestorationProject

 

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