Reno Attorney Waits on Nevada Supreme Court for PUA Claimants

October 22, 2020

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Originally Published by Steve Wolford Wednesday, October 14th 2020: Original Article can be found here.

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LAS VEGAS (KSNV) — Reno attorney Mark Thierman says he still hasn’t heard back from the Nevada Supreme Court on his motion for an emergency hearing on behalf of Pandemic Unemployment Assistance claimants, as part of his ongoing lawsuit against the Department of Employment, Rehabilitation and Training.

“Absolutely nothing has happened, and I don’t expect anything to happen for a while,” Thierman said. “It’s an emergency motion. They are rarely granted. If they are granted, they [Nevada Supreme Court] will put up a briefing schedule and it’s just a step in the process.”

Thierman wants the Court to require DETR to pay claimants first, then if necessary, revisit a case to determine possible fraud. He’s also frustrated because his court battle has dragged on for several months. “Basically, I’m asking them to decide the issues that were decided,” he said. “This motion says to the Supreme Court, let’s get it resolved, up or down. Which way do you want to go? But let’s do it.”

Under the current system, Thierman says DETR is adjudicating cases at a snail’s pace. “They’re going to do 300 applications a day. That’s going to take 288 days to get rid of the backlog if there are no new filings, and there are new filings every day,” said Thierman. “The case law and the statute require they make their decision as quickly as administratively possible.”

Thierman is also raising concerns about a recent letter from DETR which went out to thousands of PUA applicants stating they’d been disqualified for benefits for one or more of three reasons: the Division was unable to authenticate your identity, your claim was identified as being filed from a location outside the United States, your claim was identified as being associated with suspicious activity related to PUA claim filing.

“Your claim was identified with being associated with suspicious activity related to PUA claim filing? Well, that includes everything. That’s not a reason,” says Thierman. “That’s like saying we are not going to pay you because we are not going to pay you. This is not due process. This is not fair. How do you appeal that? What do you give them to prepare for your appeal? What do you give them to say this is not true?”

Thierman says his Nevada Supreme Court appeal, if granted, will take a minimum of 3 to 4 weeks before it can be heard. He remains hopeful he’ll be allowed to proceed, saying he understands the urgency since many Nevada families are likely waiting on PUA funding at this point to remain in their homes.

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