This is so helpful! I’m a first-year paralegal fresh out of college, and this is my first major assignment to file for an immigration case, and you guys explanation is so thorough and helpful. Thank you so much!
Once again, thank you for the information you have provided. Both of you have unselfishly gone above and beyond in providing assistance for Nevadans in this time of need!
Later the same day that NLS / Olshan Esq filed a Writ with the Court & DETR, the appeal to my denial of PUA benefits, which had been in limbo for 6+ months, was given a hearing date (March 01). Coincidence or Action/Re-action? Can't say, but I'm very happy with the support I received from the NLS!
I just ran across your channel, thank you for the information, i am using your example to file a writ in the state of new jersey, however i was approved for weekly benefits back in January of this year, but i was not provided a pin code to access the benefits. so there is no genuine issue in dispute.
The writ uses Nevada law, but most states have similar provisions. And no pin code to access benefits would be a basis to file a writ in Nevada. Good luck!
Thank you so much for this! I originally filed in July 2020 and was denied in November because they stated I had to apply for UI(despite me having quit and PUA themselves stating I wouldn’t qualify for it), and was of course denied. I then submitted this denial letter from UI and filed my appeal in February and haven’t heard anything.
You can get two different answers from ESD on the same issue. You should look at your monetary determination and it will list wages or 1099 income for the previous tax year. Your wages must be consistent or high enough to support a UI claim. The standard is too difficult to show here, so contact puawritnow@gmail.com with your wage history, and we might be able to figure it out.
I'm in California and I need this at the Federal level to go against both the Passport Office and the Social Security Administration, being denied a US Passport when I've had them for the past 30 years of my life; and the Social Security Administration for denial of a CARD based on my having a US Passport, which is of course in violation of 42CFR §436.407 (a)(1). I have NO INCOME whatsoever except a dinky little paid Clinical Trial, so have had a monstrous time trying to find some sort of "legal aid" type place that knows what it's doing more than I do and I went to law school back in the 90's when these things weren't necessary. This shit didn't happen "back then."
Abrew-sorry although PUA is a federal program, the appeals are governed by the same state laws as regular unemployment. Writs in Nevada are also governed by state law. Go to lawhelp.org to find a NJ Legal Services provider.
A lawyer would have to appeal. You can file again, but the court may sanction you. If you change the argument or grounds, you might avoid the possibility of sanctions.
We served the writ and was immediately given an appeal hearing date. A day before the hearing we received a motion to dismiss for service. We served States Attorneys Office and not DETR, since we have the appeal should we cure the motion to dismiss by reserving to DETR?
If you received your end of year payments from DETR for the IRS and it doesn’t match! DETR stated they paid me $2700 more than they actually did. This takes into consideration taxes withheld and what was put on my BofA ATM Card…B of A sent everything that was sent to the card… it is a black and white issue. Further, you cannot appeal this, nor even complain to DETR about this discrepancy, so can you have a Writ of Mandamus issued?
@@NevadaLegalServicesNow thank you for your response, especially when you have so much on your plate. My accountant stated I could only use the amount on my 1099, that is what DETR REPORTED, no way she or I could dispute that because the numbers should match as DETR also reported that amount to the IRS. I highly suspect that I am the only claimant with this issue. The fact that the deductions were taken out in the amount they claim on the 1099 is at issue. How did that happen? If I wasn’t actually paid that amount? I had a stoppage of my claim in July of 2020, and it was never restarted until September, with overpayment letters sent, one for the period prior to March 16th, ( last Day worked February 22nd, as asked on original Claim Application) and the other for the entire claim that had been paid already, about $17,000. Both have appealed appealed, and this is clearly in violation of JAVA(1971). As I was being paid, and then my payments were stopped without having a chance to tell my side of the story, verbally, or having my appeal heard( still not initially reviewed 13 months later). Where is that money? They could not have taken out 10% of the $2700 for IRS deductions if it wasn’t paid… is that caught up in an overpayment?… not really as that would have BEEN PAID, so my BofA card would have matched my 1099 once the tax withheld is included… I I stand this as IS PROOF OF THEFT, plus I had to pay TAX on this stolen money! I assume this makes DETR in trouble with the IRS as well! Once my payments restarted it was at a WBA of $181 not $469. Lowering my WBA amount without permission, and NOT taking my self declaration at face value. Remember we do not have line 31 available nor is that logical… my companies do not make deductions, my payments are NET PAYMENTS… I would not know what adjusted amounts would be until April of the following year( catch the spirit of the law with PPP#2 using line 7 instead of line 31 as in PPP#1). This created another overpayment, and they literally screwed up any further payments with overpayments in many weeks resulting in “0” payments, not at 50%.I figure I am owed over $10,000… I went week after week with “0” payments, taking the “CARE” out of the CARES ACT. Incredibly, In October I had a actual person help me over the phone at DETR! They raised my WBA to $229… paid some of the the back pay, paid off one of the overpayments, but I still have an overpayment. I must use the term illegal here. For a good reason. I have evidence of illegal activity, that is not between the IRS, and I but between DETR and the IRS ,and the Department of Labor. Further illegal activity includes but is not limited to falsifying my claim to purposely put me in appeals, and lower my WBA. I have 6 Appeals, none of which have had an initial review dating back to July of 2020.. The falsification of earnings by DETR is done deliberately to lower claimants WBA… I can prove to the Penny my earnings in 2019, BY THE QUARTER, as I work as a Tour Guide… for the same company for over 20 years on a Independent Contractor Basis. The biggest Travel Company in the World with over 40 Brands. Whose brochures are prominently displayed in Travel Agencies in every country in the world, and constitute 2 of the 3 recommended #1 companies to Travel with by AAA.( TRAFALGAR and INSIGHT VACATIONS). DETR averaged my income over 4 quarters, all incorrectly stated by THEM, and not reflecting the actual income. As a Tour Guide we work 400% more in certain quarters than in the Winter. The highest quarter is what your WBA is based upon. This is designed to benefit the claimants, not the employers, or in this case DETR’s wrongful action with Federal Money that they mismanage… or, more accurately illegally mismanage, in violation of the Cares Act, State and Federal Law, and most importantly CONSTITUTIONALLY! I thank you for your time… and thank you so much for helping many claimants fight this untouchable, not overseen, disreputable Government Bureaucracy! After 100’s of calls And many conversations with clueless Reps, the DETR Representative Theresa, let out a whistle when she saw my two claims( original and the new number) in such total chaos, and stated you have had “a hard time”… tell me about it! The difference is, this eventually will be forgotten and never exposed. The behavior of the upper management of DETR, especially during the hearings before Judge Breslow indicate there is much to be investigated, because of their immunity to prosecution After September comes, I will get in contact with you, and ask your permission to assist me. I still have an overpayment of $3700 allegedly owed them, for their deliberate lowering of my WBA. And do not have the resources to pay. I am 60 years old and forced to live with my parents. Bradford Mc EWEN (702)898 7172 home (702)577 7621 Nevada Business License #NV20091582843
Do you have a suggestion for this same thing in Kansas? Can you direct me to assistance in my State? I have searched and searched and researched and I’m not an attorney so I just want some help with filing it properly in my state.
Anything those of us who got hacked back at the beginning of the year(2&1/2 months) can do to get access to our accounts restored and start getting paid again? Thanks
NLS has been a huge help for people that are having difficulties with PUA, but I cannot understand why you will not do a show about people that are getting no money under this PEUC fund that the state of Nevada received over a month ago. And it’s not just happening here, it’s happening all across the country and nobody cares except for the people that are going through it. Why?
I had contacted Legal aid , went through the screening , the half hour ask a lawyer .. Missed 1 call from a lawyer , tried calling , e mailing haven't heard anything . So i filed by myself a writ of mandamus . this past Friday . I wish the "designated " lawyer would get back to me should i need some kind of advice /representation . Thank you
You send email to puawritnow@gmail.com for faster service. We do not have the resources to help everyone, but we can offer advice and guidance on most of these issues.
@@NevadaLegalServicesNow I fully understand . However i went through screening , et.. etc.. I missed 1 call from Legal aid senior Attorney, and assuming it is important . However i have been unable to receive a quick mail back or call .. in regards to the content of her call . You can surely understand my concern .. I only like to know my status , Thank you for your services , Respectfully, Anna DC
@@killastiff Hello , never went in front of Judge . I am stuck with a $ 2.800 overpay ( i do not owe ) My business went south after 35 yrs . I am in Florida living with my Daughter . I have simply given up
I'm looking for clarity please. Originally when I applied, I was eligible. I received notice and I complied with all req'd request. Notice received. DENIED "as I don't meet qualifications. I appealed..I received a notice showing "Eligible " At that point shouldn't I have received payment or do I now have a hearing?
And then the judge denied me in favor of Edd so I appealed his division to the curb board and they denied me too so I need to file a writ of mandamus now in superior court what do I need to do n is their a fee for this ?
@@NevadaLegalServicesNow will the $270 be refunded back to me with fee waiver?please forgive for asking so much Iam disable and on a fixed income. That's is alot for me😟😕
@@reallyfegurltv in general if the fee is waived you dont PAY ANYTHING.... and your case is allowed to proceed. i dont know if your state will make you pay later, but in general if the fee is waived you dont pay anything.
This is so helpful! I’m a first-year paralegal fresh out of college, and this is my first major assignment to file for an immigration case, and you guys explanation is so thorough and helpful. Thank you so much!
Once again, thank you for the information you have provided. Both of you have unselfishly gone above and beyond in providing assistance for Nevadans in this time of need!
Thanks so much for your video and great help.
Later the same day that NLS / Olshan Esq filed a Writ with the Court & DETR, the appeal to my denial of PUA benefits, which had been in limbo for 6+ months, was given a hearing date (March 01). Coincidence or Action/Re-action? Can't say, but I'm very happy with the support I received from the NLS!
I just ran across your channel, thank you for the information, i am using your example to file a writ in the state of new jersey, however i was approved for weekly benefits back in January of this year, but i was not provided a pin code to access the benefits. so there is no genuine issue in dispute.
The writ uses Nevada law, but most states have similar provisions. And no pin code to access benefits would be a basis to file a writ in Nevada. Good luck!
You write by own or you got approved???❤
Thank you so much for this! I originally filed in July 2020 and was denied in November because they stated I had to apply for UI(despite me having quit and PUA themselves stating I wouldn’t qualify for it), and was of course denied. I then submitted this denial letter from UI and filed my appeal in February and haven’t heard anything.
You can get two different answers from ESD on the same issue. You should look at your monetary determination and it will list wages or 1099 income for the previous tax year. Your wages must be consistent or high enough to support a UI claim. The standard is too difficult to show here, so contact puawritnow@gmail.com with your wage history, and we might be able to figure it out.
I'm in California and I need this at the Federal level to go against both the Passport Office and the Social Security Administration, being denied a US Passport when I've had them for the past 30 years of my life; and the Social Security Administration for denial of a CARD based on my having a US Passport, which is of course in violation of 42CFR §436.407 (a)(1). I have NO INCOME whatsoever except a dinky little paid Clinical Trial, so have had a monstrous time trying to find some sort of "legal aid" type place that knows what it's doing more than I do and I went to law school back in the 90's when these things weren't necessary. This shit didn't happen "back then."
hibdo u have any example of petition for asylium seekers mandamus who s waiting 6 or 7 years
Would this work against USCIS?
Amazing video, exactly what I'm going through except in NJ. Unable to find a template for filing this in NJ. Any direction would be appreciated.
Abrew-sorry although PUA is a federal program, the appeals are governed by the same state laws as regular unemployment. Writs in Nevada are also governed by state law. Go to lawhelp.org to find a NJ Legal Services provider.
How to file writ of mandamus in Texas ?
If I fille a writ of mandamus and it is turned down, can I turn around and file again?
A lawyer would have to appeal. You can file again, but the court may sanction you. If you change the argument or grounds, you might avoid the possibility of sanctions.
We served the writ and was immediately given an appeal hearing date. A day before the hearing we received a motion to dismiss for service. We served States Attorneys Office and not DETR, since we have the appeal should we cure the motion to dismiss by reserving to DETR?
The petition may be mailed to DETR/ESD and Attorney general. If judge signs writ, service is by summons or whatever judge decides.
If you received your end of year payments from DETR for the IRS and it doesn’t match!
DETR stated they paid me $2700 more than they actually did. This takes into consideration taxes withheld and what was put on my BofA ATM Card…B of A sent everything that was sent to the card… it is a black and white issue.
Further, you cannot appeal this, nor even complain to DETR about this discrepancy, so can you have a Writ of Mandamus issued?
You should only report income received, so let the IRS know about the discrepancy and report the correct amount of income.
@@NevadaLegalServicesNow thank you for your response, especially when you have so much on your plate. My accountant stated I could only use the amount on my 1099, that is what DETR REPORTED, no way she or I could dispute that because the numbers should match as DETR also reported that amount to the IRS. I highly suspect that I am the only claimant with this issue.
The fact that the deductions were taken out in the amount they claim on the 1099 is at issue.
How did that happen? If I wasn’t actually paid that amount?
I had a stoppage of my claim in July of 2020, and it was never restarted until September, with overpayment letters sent, one for the period prior to March 16th, ( last Day worked February 22nd, as asked on original Claim Application) and the other for the entire claim that had been paid already, about $17,000.
Both have appealed appealed, and this is clearly in violation of JAVA(1971). As I was being paid, and then my payments were stopped without having a chance to tell my side of the story, verbally, or having my appeal heard( still not initially reviewed 13 months later).
Where is that money? They could not have taken out 10% of the $2700 for IRS deductions if it wasn’t paid… is that caught up in an overpayment?… not really as that would have BEEN PAID, so my BofA card would have matched my 1099 once the tax withheld is included… I I stand this as IS PROOF OF THEFT, plus I had to pay TAX on this stolen money! I assume this makes DETR in trouble with the IRS as well!
Once my payments restarted it was at a WBA of $181 not $469. Lowering my WBA amount without permission, and NOT taking my self declaration at face value. Remember we do not have line 31 available nor is that logical… my companies do not make deductions, my payments are NET PAYMENTS… I would not know what adjusted amounts would be until April of the following year( catch the spirit of the law with PPP#2 using line 7 instead of line 31 as in PPP#1).
This created another overpayment, and they literally screwed up any further payments with overpayments in many weeks resulting in “0” payments, not at 50%.I figure I am owed over $10,000… I went week after week with “0” payments, taking the “CARE” out of the CARES ACT.
Incredibly, In October I had a actual person help me over the phone at DETR! They raised my WBA to $229… paid some of the the back pay, paid off one of the overpayments, but I still have an overpayment.
I must use the term illegal here. For a good reason. I have evidence of illegal activity, that is not between the IRS, and I but between DETR and the IRS ,and the Department of Labor.
Further illegal activity includes but is not limited to falsifying my claim to purposely put me in appeals, and lower my WBA.
I have 6 Appeals, none of which have had an initial review dating back to July of 2020..
The falsification of earnings by DETR is done deliberately to lower claimants WBA… I can prove to the Penny my earnings in 2019, BY THE QUARTER, as I work as a Tour Guide… for the same company for over 20 years on a Independent Contractor Basis.
The biggest Travel Company in the World with over 40 Brands. Whose brochures are prominently displayed in Travel Agencies in every country in the world, and constitute 2 of the 3 recommended #1 companies to Travel with by AAA.( TRAFALGAR and INSIGHT VACATIONS).
DETR averaged my income over 4 quarters, all incorrectly stated by THEM, and not reflecting the actual income.
As a Tour Guide we work 400% more in certain quarters than in the Winter. The highest quarter is what your WBA is based upon. This is designed to benefit the claimants, not the employers, or in this case DETR’s wrongful action with Federal Money that they mismanage… or, more accurately illegally mismanage, in violation of the Cares Act, State and Federal Law, and most importantly CONSTITUTIONALLY!
I thank you for your time… and thank you so much for helping many claimants fight this untouchable, not overseen, disreputable Government Bureaucracy!
After 100’s of calls And many conversations with clueless Reps, the DETR Representative Theresa, let out a whistle when she saw my two claims( original and the new number) in such total chaos, and stated you have had “a hard time”… tell me about it!
The difference is, this eventually will be forgotten and never exposed. The behavior of the upper management of DETR, especially during the hearings before Judge Breslow indicate there is much to be investigated,
because of their immunity to prosecution
After September comes, I will get in contact with you, and ask your permission to assist me.
I still have an overpayment of $3700 allegedly owed them, for their deliberate lowering of my WBA. And do not have the resources to pay. I am 60 years old and forced to live with my parents.
Bradford Mc EWEN
(702)898 7172 home
(702)577 7621
Nevada Business License #NV20091582843
Do you have a suggestion for this same thing in Kansas? Can you direct me to assistance in my State? I have searched and searched and researched and I’m not an attorney so I just want some help with filing it properly in my state.
You might be able to contact Kansas Legal Services - www.kansaslegalservices.org/
Anything those of us who got hacked back at the beginning of the year(2&1/2 months) can do to get access to our accounts restored and start getting paid again? Thanks
Restoring your account is up to DETR/ESD. Those accounts are a nightmare even if they work, but it's part of the larger problem.
NLS has been a huge help for people that are having difficulties with PUA, but I cannot understand why you will not do a show about people that are getting no money under this PEUC fund that the state of Nevada received over a month ago. And it’s not just happening here, it’s happening all across the country and nobody cares except for the people that are going through it. Why?
Watch today's COVID update. Benefits "should" be available next week according to DETR/ESD.
I had contacted Legal aid , went through the screening , the half hour ask a lawyer .. Missed 1 call from a lawyer , tried calling , e mailing haven't heard anything . So i filed by myself a writ of mandamus . this past Friday . I wish the "designated " lawyer would get back to me should i need some kind of advice /representation . Thank you
You send email to puawritnow@gmail.com for faster service. We do not have the resources to help everyone, but we can offer advice and guidance on most of these issues.
@@NevadaLegalServicesNow I fully understand . However i went through screening , et.. etc.. I missed 1 call from Legal aid senior Attorney, and assuming it is important . However i have been unable to receive a quick mail back or call .. in regards to the content of her call . You can surely understand my concern .. I only like to know my status , Thank you for your services ,
Respectfully,
Anna DC
Hi Anna, how did your case go ? Was it granted after you filed it yourself ?
@@killastiff Hello , never went in front of Judge . I am stuck with a $ 2.800 overpay ( i do not owe ) My business went south after 35 yrs . I am in Florida living with my Daughter . I have simply given up
@@annadechirico2025 sorry to hear that… best of luck
I'm looking for clarity please. Originally when I applied, I was eligible. I received notice and I complied with all req'd request. Notice received. DENIED "as I don't meet qualifications. I appealed..I received a notice showing "Eligible " At that point shouldn't I have received payment or do I now have a hearing?
You will have to contact DETR/ESD, sadly. You may get notice of an invalid appeal if you are eligible, but this could take more time.
Thank u. When submitting the writ of mandamus, would I include the "Eligible " and not eligible letters?
@@norenehuffmon5282 No, the writ should have that information and your verification should be enough.
How do I do this for California ? I was denied for pua over a wrong date by phone interview
And then the judge denied me in favor of Edd so I appealed his division to the curb board and they denied me too so I need to file a writ of mandamus now in superior court what do I need to do n is their a fee for this ?
Much of this is governed by state law and we are not licensed in California so we cannot provide any advice. Sorry.
Just to be really crystal clear as y'all were, I have to submit payment with Writ?
Yes, the fee is $270 in Clark County, but you can seek a fee waiver.
@@NevadaLegalServicesNow will the $270 be refunded back to me with fee waiver?please forgive for asking so much Iam disable and on a fixed income. That's is alot for me😟😕
@@reallyfegurltv in general if the fee is waived you dont PAY ANYTHING.... and your case is allowed to proceed. i dont know if your state will make you pay later, but in general if the fee is waived you dont pay anything.
Where can I get this template
At our website: nevadalegalservices.org