A comprehensive report examining the unemployment benefit system and ways to address payment processing delays for Pandemic Unemployment Assistance claims found multiple “bottlenecks” and fractures that pose problems for the employment agency and applicants for state benefits.
The 310-page report identified eight main factors causing delays in payments from the Department of Employment, Training and Rehabilitation and the thousands of contracted and self-employed workers who applied for PUA benefits under the CARES Act. The report was released to the media on Friday by the plaintiffs in a class action lawsuit, filed in June, against DETR that requested judicial intervention in the state’s current unemployment crisis.
Second Judicial District Court judge Barry Breslow appointed a special hearings teacher, attorney Jason Guinasso, to compile the report in anticipation of a Monday hearing in which the judge will decide whether to force DETR to pay immediately all pending PUA claims or address delays in processing. Guinasso of Hutchison and Steffen Attorneys worked with DETR officials and Plaintiffs’ law firm Thierman Buck to discuss the claims process and determine potential problems that could be addressed through a court order in the form of an order. judicial.
Among the problems the report found were “the widespread existence of” flaws “in the benefits delivery system,” an unemployment system unprepared for the massive volume of calls and the rapid implementation of new programs, “rampant claimant errors.” “systematic fraud and a call center that” has failed to provide a competent and compassionate service. “
DETR spokeswoman Rosa Méndez said the agency does not comment on pending litigation.
In addition, Guinasso made four important recommendations to the court on how best to deal with those problems.
Caught with Alorica
The third-party call center tasked with handling and judging PUA claims, Alorica, has been a source of anger for many plaintiffs.
Guinasso recommends that the state begin a quality control review of 135 Alorica employees and provide additional training. But that’s only if the state is stuck with the call center for now.
If Guinasso had his way and the state was not under contract with Alorica until December 31, the state would immediately terminate his contract “based on the avalanche of complaints that have been received about customer service and customer performance. call center”.
“It is unconscionable that the suffering of people who have lost their jobs due to circumstances beyond their control is subject to the cruelty of a call center that does not seem to be providing a competent and compassionate service,” Guinasso wrote in his report. .
Appeals system and “receiver”
The report found that claimants did not have an appeal method if they disagreed with a claim decision made by DETR or its Division of Employment Security.
It indicates that an appeal module will begin operating on Saturday morning through EmployNV, and “Plaintiffs will have 30 days from the date the Appeals module is activated to file their appeals.”
However, the report also recommended the designation of a “receiver,” who “would be responsible for ensuring that the appeal process established by ESD is fully implemented and provides due process to injured plaintiffs.”
Volunteer network to tackle backward work
DETR acknowledges in the report that it was not prepared to handle the significant volume of claims for benefits in a short span of time while juggling the implementation of new benefit programs under the CARES Act.
The report suggests building a team of temporary volunteers – “which could consist of 1,000 competent volunteers could be deployed within several days of a court order” – to help address the backlog and resolve legitimate and false claims. The goal of eradicating order accumulation within 45 days was established.
The team of volunteers could come from unions, nonprofit groups, civic organizations, religious organizations and supplemented by the National Guard, according to the report.
“There is a large pool of compassionate and talented people in Nevada ready and willing to help their neighbors through this difficult time of economic uncertainty and hardship if given the opportunity and properly equipped with the training and authority to serve.” said the report.
Fraud trap
Guinasso recommends a hearing for suspected fraud claims to establish a kind of “trap” to eliminate those claims.
A hearing and a “hearing arbitrator” could help resolve problems with legitimate claims while driving fraudsters away from continued illegal filing, according to the report.
If the fraud problem is as rampant as state officials say, Guinasso wrote, claims with multiple red flags or problems that cannot be addressed quickly must be denied immediately.
“But if they do (present themselves to the hearing), the hearing process will serve as an effective trap to help law enforcement capture the thieves who are compounding the suffering of the displaced and embattled Nevada workforce.” , wrote.
Contact Mike Shoro at [email protected] or 702-387-5290. Follow @mike_shoro on Twitter.
