Haga clic para leer en español: CARTA A LOS DEMANDANTES DE DETR
Dear Claimants,
We want to assure you that everyone here at Thierman Buck is doing their absolute best to ensure that you are able to access the CARES Act benefits to which you are entitled. As you may suspect, we have had thousands of calls, emails, and other inquiries about this lawsuit. We are doing our best to respond, but due to the unprecedented volume of interest, please understand that we will not be able to respond to everyone individually. Please refer to the FAQ section below and available at https://thiermanbuck.com/detr-adv-payne/ for answers to some of the most common inquiries as well as some additional resources.
Timeline of Court Proceedings
On July 7, 2020, the Order to Show Cause (“OSC”) asking the Court to Issue a Writ of Mandamus ordering DETR to act came before the Honorable Barry L. Breslow of the Second Judicial District Court, Department 8. The hearing can be accessed here, and an overview can be accessed here or through https://www.ournevadajudges.com/home. Judge Breslow appointed Attorney, Jason Guinasso as Special Master and set forth specific questions to be answered prior to ruling on Plaintiffs’ OSC. Judge Breslow’s Order Appointing Special Master and setting an original deadline of Wednesday July 15, can be accessed here.
Due to the volume of information requiring review, Special Master Guinasso requested and the Court granted an extension of time to provide the full report, now due on Friday, July 17, 2020. Because the report will not be delivered until Friday, July 17, the hearing in which Judge Breslow will rule on the OSC has been reset to Monday, July 20, 2020 at 9:00 a.m. The Order resetting the dates can be accessed here.
Monday, July 20, 2020 Hearing
The hearing in which Judge Breslow will review Special Master Guinasso’s findings, may entertain argument from the Parties, and make a determination on what, if any actions DETR must take will take place at 9:00 a.m., Monday, July 20, 2020.
If you are interested in viewing the proceedings, you can access the Second Judicial District Court’s Web page at this link. Select Department 8 – Judge Breslow – CV20-00755 – PAYNE V. DETR; ORDER TO SHOW CAUSE. Real-time access to the meeting will be capped at 500 viewers, but a recording will be made available later that afternoon on the Court website and also at https://www.ournevadajudges.com/home.
More Information
The most up-to-date information on this lawsuit can be found on our website which we are updating on a daily basis. Links to all of the pleadings, motions, and Court orders can also be accessed at the https://thiermanbuck.com/detr-adv-payne/ dedicated page, at the bottom under the heading “ATTACHED FILES.”
Thierman Buck, Special Master Guinasso, and Judge Breslow are aware there are many, many problems with DETR’s application processes and procedures, including but not limited to inability to reach the call center/disconnects/agents who have no authority to act/agents who have no information/agents who are rude/et cetera, alleged adjudicators inaction/inability to act, “glitches” in the system, no payment after multiple eligibility notifications, “in process” for several weeks/months, no funds on debit card/bank rejections, and retroactivity; nevertheless, YOU MUST continue to do the following:
- If the DETR system allows, file your weekly claim for each and every week you have been out of work or have had a reduction in wages due to COVID-19 related reasons. Make sure to sign any attestation required indicating your work reduction/loss is due to a COVID-19 related reason.
- Double check your claim information to make sure all requested documents are uploaded and that your contact information is correct. Check your email and claim for request from DETR to provide additional information. At this time, the call center is the only option to make corrections. Take screen shots if you are able and keep them in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person you speak with.
- Check your claim regularly and provide any information requested to DETR, even if you have previously supplied said information. Take screen shots if you are able and keep them in case you need to appeal any decisions.
- If you are denied, note the appeal date (hard copy, screen shots, or email receipts), when you received the denial (hard copy, screen shots, or email receipts), and if nothing works on the website, then simply write a letter with a copy of the determination indicating:
“Because the website appeal process is not working, I hereby appeal the attached determination and request immediate adjudication for inter alia, (among other things) the following reasons, including but not limited to: [add your reasons here].” Date and sign.
Save a copy. If you have been given any sort of approval, and DETR stops paying your benefits, or never started, add:
“The conduct of DETR constitutes a taking of property without due process see, e.g. California Department of Human Resources Development v. Java, 402 U.S. 121 (1971). Since I am unemployed, I further ask that DETR pay all my legal expenses in this appeal.”
FAQ’s
Q: How can I join the class action? Does it matter if I live in Las Vegas, or another city in Nevada?
You do not need to take any affirmative action. As an independent contractor in the State of Nevada, regardless of location, who has yet to receive the full amount of unemployment benefits due and owing, you are automatically considered a member of the class and do not need to apply or join through our office.
Q: I am a W-2 worker. Can I join? How do I know if I qualify for the class action?
Payne v. DETR is a lawsuit specific to self-employed individuals, sole proprietors, and independent contractors “gig workers” who have been unable to gain access to federally mandated benefits due under the CARES Act (weekly benefit amount) and FPUC (additional $600) due to DETR procedures or lack thereof. Nevertheless, Mr. Guinasso is currently investigating claims associated with W-2 workers whose claims are still in process and who also have been denied or have been unable to access assistance.
Q: I am a Nevada resident currently outside the state/country – what do I do?
As long as you were working in Nevada and have had a reduction in earnings and or are no longer or were unable to start a job any time after January 27, 2020 due to COVID-19 related reasons you can apply for benefits. The state in which you performed work is the state where you should file.
Q: I made an error in my application and have been denied. What do I do?
Unfortunately, at this time, the call center is the only option to make corrections. Check your claim information to make sure all requested documents are uploaded and that your contact information is correct. Take screen shots/print out if you are able and keep them in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person(s) with whom you speak.
Q: In the denial letter I was sent, I was told that I could appeal – but they never gave me a way to do so. How do I file an appeal?
If you are denied, note the appeal date (hard copy, screen shots, or email receipts), when you received the denial (hard copy, screen shots, or email receipts), and if nothing works on the website, then simply write a letter with a copy of the determination indicating:
“Because the website appeal process is not working, I hereby appeal the attached determination and request immediate adjudication for inter alia, (among other things) the following reasons, including but not limited to: [add your reasons here].” Date and sign.
Save a copy. If you have been given any sort of approval, and DETR stops paying your benefits, or never started, add:
“The conduct of DETR constitutes a taking of property without due process see, e.g. California Department of Human Resources Development v. Java, 402 U.S. 121 (1971). Since I am unemployed, I further ask that DETR pay all my legal expenses in this appeal.”
Send to:
DETR
Employment Security Division – Adjudication Center
500 East Third Street
Carson City, NV 89713-0038
Northern Nevada Office (Carson City): Phone: (775) 684-0302 Fax: (775) 684-0338
Southern Nevada Office (Las Vegas): (702) 486-7999 Fax: (702) 486-7987
Q: My claim was approved three months ago/shows no outstanding issues, but I have yet to receive payment. If I haven’t been flagged for fraud and am “in the green,” where is my money?
This is an issue being addressed by the Special Master.
Q: I have filed under regular unemployment, but have been waiting weeks for money and still nothing. What can I do?
This is an issue being addressed by the Special Master.
Q: What can I do as a claimant to speed this process along; I am about to lose my house/family/car/companion animals/credit/retirement/life savings/sanity/hope?
Be kind to yourself and be your own best advocate by:
(1) Take screen shots, keep copies of all correspondence form DETR in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person(s) with whom you speak;
(2) Write or call the Governor Sisolak’s office at: http://gov.nv.gov/Forms/Share/ (775) 684-5670 or (702) 486-2500;
(3) 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/
