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Mon Jul 12, 2021, 07:10 PM

IN court of Appeals denies states stay request on Fed. UI benefits

A superior court issued an injunction on 6/25 ordering the state to reinstate Fed. UI benefits they stopped on 6/19 until an original lawsuit can be decided. The state appealed wanting a stay of that order. The Appeals court denied the request for stay of that order today forcing the state to re-enter the Fed program immediately and to pay all weeks back to the 19th until the original lawsuit against them can be heard and decided. Small victories against these fascist repuke assholes.

https://www.wishtv.com/news/indiana-news/workforce-development-could-resume-pandemic-unemployment-benefits-by-friday/

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Reply IN court of Appeals denies states stay request on Fed. UI benefits (Original post)
Cheezoholic Jul 2021 OP
MichMan Jul 2021 #1
Cheezoholic Jul 2021 #2

Response to Cheezoholic (Original post)

Mon Jul 12, 2021, 07:35 PM

1. Now the administration needs to extend them another 6 months

What happens however, if the state prevails ? Do the recepients have to pay it back?

Can the judge rule that the September cut off date is also cause for harming recepients and that the state must continue them indefinitely?

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Response to MichMan (Reply #1)

Tue Jul 13, 2021, 12:48 AM

2. I don't believe so

Here's what I understand I think. There was an initial lawsuit filed against the Governor and the DWD on whether they had the RIGHT to cut off the federal benefits. There is a statute in IN that states basically the state is required to give any and all people who qualify for UI any and all extra federal benefits if the fed so offers. When the Governor announced he was ending participation in the federal extended program as of 6/19 a lawsuit was filed prior to that date on whether or not the state had right to cut the aid according to that state law. When the state continued and cut the benefits, a separate suit was filed on the grounds of harm requesting an emergency injunction to halt the state from withdrawing until the initial lawsuit comes to fruition. A superior court judge basically said the state must continue participation in the federal program until the original lawsuit is resolved because the state failed to prove more harm to themselves than the the group suing. The state then appealed that decision and thats the decision the appellate court denied. It's 2 different cases. Even if the state wins the original law suit that case is about whether they have the right to do so. The second one is about harm until the original suit is heard, the appeals court ruled that the group objecting to the state discontinuing benefits before the the original suit is decided had proven harm on their side therby upholding the injunction.
So my understanding is no they will not have to pay it back because the original suit is about whether the state had the right to end them. If the state wins, then they can proceed with ending them. However, with the state being forced to re-enter by court order now, the Fed act requires any state that is using the fed program to give the recipients 30 days notice before ending it. If IN reinstates 7/16 they will have to wait for a court date on the original suit (which has been expedited agreed by both sides) and a ruling whether they have the right to end the benefits. If they win, say in the next 2 weeks, they will once again have to give 30 days notice they are ending the Fed benefits, which will bring the whole fiasco up to the end of August thereby only screwing recipients out of maybe the last 1 or 2 weeks of benefits since the program ends on 9/6. So far Indiana Legal Services, the non profit whose been fighting the state has really stuck it to them.

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