Judge Breslow’s Order Entered

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Judge Breslow signed the Order directing DETR to take three specific actions, set a follow up hearing for July 30, at 10:00 a.m., asked Special Master Guinasso to remain available to the Court, and reserved the right to modify the Order as a result of facts presented at the July 30 hearing.  The Order can be accessed here: JUDGE BRESLOW'S ORDER OF MANDATE

The Order provides that:

(1) If an applicant has previously received payments, but the payment were stopped for some reason, those payments must resume, and the payment must continue until such time that a hearing is held to determine whether the claimant is entitled to continued benefits or was not entitled to benefits and must pay them back UNLESS the applicant:

(a) failed to continue filing a weekly

(b) the applicant has earnings in excess of that which would otherwise qualify the applicant for benefits, or

(c) there is clear and convincing evidence of fraud by the applicant.

These payments must “commence no later than five (5) business days after the Court signs this Order, on or about Tuesday, July 28, 2020.”

Thus, continue to file your weekly claims!  We are aware that DETR has changed the language to indicate “I quit” when this does not reflect the actual situation most applicants find themselves in.   We have alerted the Special Master as to this fact and intend to bring it to the attention of Judge Breslow at the July 30, 2020 hearing.  In the meantime, take a screen shot of your available choices (if you are able) and mark “I quit/laid off”, then send an email to: jguinasso@hutchlegal.com

(2) A covered individual includes a person who has had a substantial interference in his or her work activities, and thus,  DETR’s prior reading that work must completely stop is incorrect.

You still must be eligible under the UI or PUA benefit calculations – i.e., if you made too much money during a week when your earnings were reduced, you are not eligible for benefits or the PFUC payment.

Thus, continue to file your weekly claims! We are aware that DETR has changed the language to indicate “I quit” when this does not reflect the actual situation most applicants find themselves in.   We have alerted the Special Master as to this fact and intend to bring it to the attention of Judge Breslow at the July 30, 2020 hearing.  In the meantime, take a screen shot of your available choices (if you are able) and mark “I quit/laid off”, then send an email to jguinasso@hutchlegal.com

At the hearing scheduled for Thursday, July 30, 2020 at 10:00 a.m. the Court will hear a report form DETR regarding the following topics:

(a) The status of resolving the “UI/PU loop” or UI/PUA dichotomy,  and the attendant FPUC payments;

(b) What steps DETR has made to move the first filers to the front of the line or to the extent DETR is already taking such action, what progress has been made; and

(c) The “retroactivity” issue whereby people who sought benefits between February 29, 2020 and March 5, 2020 were determined not eligible for payments because the first confirmed case of COVID-19 in Nevada did not occur until later.  A review of the reason why those people’s income appears to have been affected, particularly if they were working with people or traveling to or dealing with businesses that had been affected already.

We know there are many people out there that have payments “IN PROGRESS”, “MOVING PAY DATES”,  “NO MONEY IN ACCOUNT”, “DENIAL” – (need to appeal)”, and/or “OTHER ELIGIBILITY” among other issues such as call center ineffectiveness/insensitivity/inability to help.

At this time, Thierman Buck cannot represent people on any appeal.  Additionally, we apologize, but we cannot return individual calls.  We are hearing you, and you are encouraged to send your documentation to the Special Master at jguinasso@hutchlegal.com.

We also encourage you to send your documentation and stories to the following elected officials:

Write or call the Governor Sisolak’s office at: http://gov.nv.gov/Forms/Share/  (775) 684-5670 or (702) 486-2500;

Write or call your State Senator or Assembly member.  You can find your State representatives’ contact information here:

Senate: https://www.leg.state.nv.us/App/Legislator/A/Senate

Assembly:  https://www.leg.state.nv.us/App/Legislator/A/Assembly/

Write or call your federal Congress member:

Catherine Cortez-Masto: https://www.cortezmasto.senate.gov/contact/connect

P: (702) 388-5020 F: (702) 388-5030

P: (775) 686-5750 F: (775) 6865757

DC: (202) 224-3452 Rural Nevada: (775) 225-1457

Jackie Rosen: https://www.rosen.senate.gov/

P: (702) 388-0205

P: (775) 337-0110

DC: (202) 224-6244

Dina Titus: https://titus.house.gov/

P: (702) 220-9823

DC: (202) 225-5965

Mark Amodei: https://amodei.house.gov/#dialog

P: (775) 686-5760 F: (775) 686-5711

DC: (202) 225-6155 F: (202) 225-5679

Susie Lee: https://susielee.house.gov/contact

P: (702) 963-9336

DC: (202) 225-3252

Steven Horsford: https://horsford.house.gov/

P: (702) 963-9360

DC: (202) 225-9894 F: (202) 225-9783