[wiaattorneys] TRA Income Assistance

  • From: John Albin <jalbin@xxxxxxxxxxxxxxx>
  • To: wiaattorneys@xxxxxxxxxxxxx
  • Date: Wed, 9 Mar 2005 11:52:41 -0600

Our Appeal Tribunal recently affirmed a Claim's Deputy's determination 
that an individual was not eligible for TRA income assistance even though 
the Deputy conceded that the Department had apparently failed to notify 
her of her eligibility and the application deadline as we are required to 
do. The claimant has appealed the Appeal Tribunal decision to District 
Court. The Claimant is basically arguing that the Department is equitably 
estopped from denying her benefits because the Department failed to notify 
her of her eligibility and the deadline for seeking TRA income assistance. 
The Claimant's attorney suggests that there is a case out of Oregon that 
supports the claimant's position, although I haven't seen it yet. Are you 
aware of any cases, whether out of Oregon or any other state involving 
this sort of issue? Thanks for your help.

John H. Albin
Agency Legal Counsel
Nebraska Workforce Development
Department of Labor
550 S. 16th St.
P.O. Box 94600
Lincoln, NE 68509-4600
tel. 402-471-9912
fax 402-471-9917

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