December 18, 2020

MA Workers Seek to Prevent Department of Unemployment Assistance from Stopping Benefits Payments

Marrero et al. v. Jeffers, 2085-CV-00937 (Worcester Superior Court)

In Worcester Superior Court, Community Legal Aid (“CLA”) has filed a motion seeking a preliminary injunction against the state agency that administers unemployment benefits in Massachusetts, the Department of Unemployment Assistance (“DUA”). The Motion has been fully briefed by the parties, and urgently awaits a decision from the Court.

CLA’s clients (“Plaintiffs”) are among over two million workers who have filed unemployment claims with DUA during the pandemic. DUA initially approved Plaintiffs’ claims and began paying them benefits. But later, DUA suddenly stopped making payments, and even demanded some repay thousands of dollars. Before taking these actions, DUA never notified Plaintiffs of any problems and/or did not permit them to submit evidence to resolve any questions or uncertainties. The Motion seeks to stop these DUA practices because they deprive workers of benefits without due process in violation of federal and state law, and contrary to DUA’s own regulations that apply when DUA “redetermines” previously-approved unemployment claims.

CLA Litigation Director Leigh Woodruff commented: “DUA ‘approves’ claims when it initially starts paying them. But when DUA suddenly stops paying and places claims on ‘hold’ for months on end, it traps workers in limbo: Their weekly payments have stopped, but there is no adverse decision to appeal.” Families stuck in this “limbo” are struggling to put food on the table, incurring massive debt, and facing foreclosure or eviction now that the eviction moratorium has lifted. The Motion urges the Court to order DUA to continue paying benefits on approved claims unless DUA follows its own regulations by: advising workers when it receives “additional information which may affect” their claims and providing them “an opportunity” “to present evidence or refute opposing positions” before DUA makes any redeterminations and stops paying claims.[1]

On behalf of DUA, the Attorney General submitted a brief opposing an injunction. DUA admits that, after Plaintiffs filed the lawsuit, DUA “reviewed” Plaintiffs’ claims and corrected its errors by restoring Plaintiffs’ benefits. DUA argues that its errors in Plaintiffs’ individual cases should be excused because “DUA was overwhelmed by an unprecedented flood” of unemployment claims. Further, DUA argues no injunction is needed because the five Plaintiffs were “made whole” when they received the benefits that DUA had put on “hold.”

Plaintiffs and CLA disagree. “DUA’s conduct did not just harm these five families. The problem is systemic,” explained Woodruff. To prove this, Plaintiffs filed exemplar affidavits from seven additional workers whose claims remain on “hold.” Woodruff continued: “Yes, unemployment is high. Yes, criminals are filing fraudulent claims. But none of that excuses DUA from its duty to comply with its own regulations and other laws.” Congress created the Unemployment Insurance Program during the Great Depression, when unemployment reached the record rate of 24.9%.[2] So high unemployment today cannot excuse DUA from its duty to pay benefits promptly to eligible workers: DUA exists for that sole purpose.

CLA hopes for a decision before the end of the year.

About Community Legal Aid:

Community Legal Aid provides free civil legal services to the low-income and elderly residents of the counties of Western and Central Massachusetts (Berkshire, Franklin, Hampden, Hampshire, and Worcester), and maintains offices in Worcester, Fitchburg, Springfield, Northampton, and Pittsfield. CLA works to assure fairness for all in the justice system, protecting homes, livelihoods, health and families. For more information, please visit www.communitylegal.org.

Contact: Leigh Woodruff, Litigation Director
Phone: (508) 425-2885
Email: lwoodruff@cla-ma.org

[1] 430 C.M.R. § 11.05.

[2] https://www.fdrlibrary.org/great-depression-facts; 42 U.S.C. § 503(a).