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Staff warns changing monetary determinations mid-year risks litigation and improper payments
Summary
Department staff told the subcommittee that New Hampshire Supreme Court precedent treats a claimant27s monetary determination as a protected property interest, and that allowing multiple or fluctuating monetary determinations within a benefit year would raise legal, administrative, and improper-payment risks. Staff recommended locking monetary determinations at initial claim filing unless the system is redesigned and thoroughly tested.
Department staff told the subcommittee there is New Hampshire Supreme Court case law holding that a claimant has a protected property interest in an unemployment monetary determination once eligibility is established. Staff said that creating multiple monetary determinations for the same claimant within a benefit year could be challenged and would increase…
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