20 May 2008
Dear America,
Thank you for your continued support!
On 14 April 2008 in an unprecedented move the EDD (Employment Development Department) served notice to the CUIAB (California Unemployment Insurance Appeals Board) filing the Writ in Superior Court that had earlier been determined Pfc. Swan must do. In the court document the EDD alleges “Pursuant to Unemployment Insurance Code section 410, the EDD has standing and the right to seek judicial review of any decision by the CUIAB irrespective of whether or not the EDD appeared or participated in the appeal of the CYIAB. The EDD invokes this power to obtain review of the challenged decisions of the CUIAB held on or about November 15, 2007, and on or about November 27, 2007, and on or about January 24, 2008.
Simply stated the EDD is asking the CUIAB to review the merits of this case based on all points that have been produced in Pfc. Swan’s defense. Colleen Cason with the Ventura County Star was instrumental in brining the hard questions forward. Please see her news story article at:
http://www.venturacountystar.com/news/2008/apr/20/the-system-works-if-you-work-at-it/
Of course, none of this would have happened without the support of Band of Mothers administrator, Beverly Perlson. Thank You SO MUCH Beverly & Colleen!!!
While neither the EDD nor the CUIAB admit to any wrong doing, it appears that justice has taken a better look at the implications surrounding Pfc. Swan’s case. Currently, Pfc. Swan is under the direction of Ms. Denise Arn with JAG at Fort Gordon who is counseling him and explaining all options available under the Servicemembers Civil Relief Act (SSCR).
While the case is not over and the EDD is still actively perusing the repayment of $2100.00, there does appear to be those within the Department who agree that this case should not have been brought forth.
I truly thank you America for your letters of support sent to those in local and state offices, both State and civilian. Your generous time and commitment is what pushed this case forward and into the hands of those who were able to make a change.
Please continue to write, especially Governor Schwarzenegger, Assemblywoman Strickland, and Senator Feinstein. Mr. Theodore S. Goodwin with the EDD is the chief acting counsel with the EDD. He has been both cordial and understanding. I do sense he wants to help, please let him know that you intend to stay committed to a fair and just outcome for our soldier.
Bye for now- S. Swan Soldier’s Mom
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19 March 2008
Dear America,
-Assemblywoman Strickland's office is in communication with the Unemployment Headquarters Office in Sacramento. Thank You for your Support!!!
-My call was taken on the Bill Handle Show. Bill suggests that there must be a mechanism to assist soldiers in active duty that are unable to be present in the civilian courtroom. Let's see Bill if you're right. Thank you for taking my call!!!
-Senator Feinstein sent the case to Governor Arnold Schwarzenegger's Office to review. I do hope she continues to remain involved, as her help is needed to assure military protocol is honored when a soldier remains under the authority of his commanders. Our soldier was unable to meet the state’s requirement to be present in a civilian courtroom; federal authority must not be superseded by state demands.
Thank You Senator for Your Support!!!
-Mr. ___ from the Unemployment Headquarters called 3/14/08 who seemed perturbed that the Governor's office called him. Mr. ___ felt it was necessary to remind me that my son is an adult who should be able to handle this affair on his own. Perhaps he is unaware that soldiers need our support. Our soldier isn't opting out to let someone else do this for him because he's lazy or doesn't want to deal with it; he's just VERY BUSY with his commitment to protect America.
When I explained that our soldier didn't know of the first hearing until after it was over and I didn't have permission yet to address the court, Mr. ___ wanted to know why our soldier didn't provide the Unemployment Office his Army address BEFORE he left to begin Basic Training at Fort Jackson. Mr. ___ reasoned then our soldier would have received his mail on time. Soldiers don't have mailboxes in Basic Training they have mail call. Anyway, by golly, I wish I could have known his address ahead of time too, that way his family wouldn't have had to worry for two weeks while he was waiting for his company/platoon assignment.
For all those familiar with the first part of Basic Training, the 16.5 hour days, the formations, the drills, PT runs, AND the endless cleaning, etc. I'm sure you'll get a kick out of Mr. ___'s suggestion that Pfc. Swan could have set up a "telephone interview". Naturally, I was shocked and a little angry at his lack of understanding. Mr. ___ assumes that our soldiers have the luxury of revising their days as they see fit. Perhaps Mr. ___ thinks soldiers can call a "time out" to make phone calls and then request from their commanders a "do over" for anything missed. Our soldier was granted telephone privileges on Sundays using a pay phone. But heck, maybe Mr. ___ is alluding that arrangements could have been made for Unemployment Judge Ling and the employer to come to court on their day off as well, on a Sunday, so that our soldier could be interviewed and asked why he was 30 minutes late returning from lunch and why he didn't list the $20.00 on his claim form.
Lastly, I informed Mr. ___ that I've opted out from informing our soldier of all the details involving the case. Of course, Mr. ___ didn't understand why. Well then, maybe our soldier's commanders appreciate that I am not distracting him with things he has little or no control over so that our soldier can focus on his training.
A BIG thanks America for your support. Haven't written? Check out the "Where to Write" page.... just copy, paste and send the sample letter, it’s that easy! One letter, one phone call.... I really need you right now.
Bye for now-
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