John - There is one Pennsylvania case (695 A.2d 898) and two Ohio cases that held there is no equitable estoppel. We almost had a case that made it to the Appellate Division in New York. _____ From: John Albin [mailto:jalbin@xxxxxxxxxxxxxxx] Sent: Wednesday, March 09, 2005 12:53 PM To: wiaattorneys@xxxxxxxxxxxxx Subject: [wiaattorneys] TRA Income Assistance 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