[wiaattorneys] Re: TRA Income Assistance

  • From: "Mason, Paul" <Paul.Mason@xxxxxxxxxxxxxxxxx>
  • To: "'jalbin@xxxxxxxxxxxxxxx'" <jalbin@xxxxxxxxxxxxxxx>
  • Date: Fri, 11 Mar 2005 16:18:53 -0500

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

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