When I looked into my https://www.employnv.gov this is what I saw.
Quoting a statute in DETR's own letter to: Overpayments under Section 2104(f)(2) of the CARES Act provides:
—No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. Furthermore (4) REVIEW.—Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment comp.What’s even sicker when I called , DETR bold faced lying to me “the tribunal” has ruled. Thank God I recorded the call. No one would believe how they are misleading people trying to get benefits. Watch the video: https://youtu.be/JDwi4vO33Kg
And a fun side story DETR is even trying to collect people that haven't been paid: https://news.yahoo.com/detr-claimants-theyre-being-asked-021218660.htmlAnd it doesn't stop there!!! On the https://www.employnv.gov/ it is blocking people from being able to appeal. Like this is their plan to not pay… Yeah I took a video of that too, DETR is always saying “we” are the ones at fault: https://youtu.be/PoiAC92iZ_Y
And that is how I responded to my NON-FRAUD PUA and FPUC OVERPAYMENT Appeal.
I'm appealing PUA and FPUC OVERPAYMENT (Case ID: 4848558) attempts to collect over payments. As of date of this letter 11/18/2020 no ruling has been reached on my monetary determination appeal that has been pending in your system for 2 months now.
Overpayments under Section 2104(f)(2) of the CARES Act provides:
—No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. Furthermore (4) REVIEW.—Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment comp.No Judge or “tribunal” has ruled in DISQUALIFYING DETERMINATION Docket number: XXXX. I have not been given a hearing.
I have provided DETR front and back and in triplicate proof no reasonable person would conclude I don't get this money under the CARES act. See screenshot showing my earning down 80% during 05/24/2020 to 07/18/2020 claimed weeks earning just $1214 over the 7 weeks 6 days, I’m sure matching my weekly certification.
I even pay self employment (submitted 2019) taxes. I have in writing I'm approved for benefits from your agency. 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 underemployed, I further ask that DETR pay the remaining amount without delay all my legal expenses in this appeal.
Thank you,
Scotty Asher
https://www.linkedin.com/in/asherscott/