Negligence Claim Against Agency

Summary

The user filed a notice of claim against the Georgia Department of Labor for negligence in processing an appeal claim related to a denied Pandemic Unemployment Assistance (PUA) application. The user alleges that the delay caused physical injury, emotional distress, financial loss, and violation of rights. The user has evidence including a timestamped appeal letter, medical records, and a determination letter. The user is seeking advice on how to proceed with the appeal hearing and the impact on the notice of claim.

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I filed a notice of claim against a state agency in regards to them repeatedly and knowingly neglecting to process an appeal claim I submitted almost 3 years ago, which in return caused harm and violated my right to an appeal as stated on my determination letter that I have. My notice of claim was received by them yesterday and the risk management division recieved their copy about two weeks ago. I just recieved a call this morning from the state agency that they have processed my appeal claim yesterday and I'll have something in the mail in a few days regarding a hearing date. The reason I sent a notice of claim is because I've been told that same exact thing every time I've called since January and it has yet to be done. How should I move forward? Do I proceed with an appeal hearing and that's with assuming they actually processed it this time? Will this cancel out or hurt my notice of claim if I proceed with the appeal hearing I've been waiting for since October *?
What state are you in? The rules for proceeding with an appeal hearing while a notice of claim is pending can vary by jurisdiction.
Georgia
What is the specific state agency you're dealing with? In Georgia, different agencies may have different procedures for handling appeals and claims.
Georgia Department of Labor
What is the nature of your claim against the Georgia Department of Labor?
Tort for negligence
What specific harm or damages have you suffered due to this alleged negligence?
Physical injury, loss of home, anxiety/depression, financial loss, violation of my rights
What evidence do you have to support your claim of negligence and the resulting damages? In Georgia, proving negligence requires showing that the agency had a duty, breached that duty, and caused harm.
I have a copy of my appeal letter sent via email to the agency in October *, timestamped. I am still awaiting a hearing date because I was never processed even though I sent them proof I appealed in October * in January of this year and they are claiming they are processing it now that they have received my notice of claim to sue.
I have my original appeal letter from October * and still havent received a hearing date
What is the current status of your notice of claim against the Georgia Department of Labor?
It was received
What is the next step mentioned in the notice of claim process by the Georgia Department of Labor?
They have not told me the next step
What was the exact date when your notice of claim was received by the Georgia Department of Labor?
August *, *
August * *
What is the deadline for the Georgia Department of Labor to respond to your notice of claim?
90 days
What is the date today?
August * *
What is the nature of the appeal claim you submitted to the Georgia Department of Labor?
Pua appa
What is the specific issue related to your PUA (Pandemic Unemployment Assistance) application that you are appealing?
I was denied due to last date of employment but due to military move I am under Georgia Good Cause Clause for ending employment and appealed the denied decision
What is the Georgia Good Cause Clause you're referring to?
I stopped working within the two week time frame of a milt
I stopped working within two weeks of military move
What is the status of your PUA application after you appealed the denied decision?
It was never processed for an appeal hearing
What was the last communication you received from the Georgia Department of Labor regarding your appeal?
Today after receiving my notice of claim they are now processing my appeal for a hearing
What is the expected timeline for the processing of your appeal hearing as communicated by the Georgia Department of Labor?
They stated I should receive a future hearing date by saturday in the mail
What is the date of the Saturday they mentioned for you to receive the hearing date by mail?
September * *
What actions have you taken since receiving the communication about the processing of your appeal hearing?
I told them I do not want to retract my notice of claim and looking for answers on what to do next
What is the exact harm or damage you're claiming in your notice of claim?
Physical injury, emotional distress, violation of rights
What evidence do you have to support your claims of physical injury, emotional distress, and violation of rights?
Pictures of physical injury, medical correspondence of anxiety/depression from nuerologist, determination letter states I have a right to appeal but I was denied that right since my appeal was never processed
What is the nature of the physical injury you suffered and how is it related to the negligence of the Georgia Department of Labor?
Stress causing styes, hairloss and weightloss
What evidence do you have to link your physical conditions (styes, hair loss, weight loss) directly to the stress caused by the negligence of the Georgia Department of Labor?
It started in the past couple months when i became homeless since I couldn't afford a place to live and had a resonable expectation on an appeal hearing
What steps have you taken to address your homelessness situation and have you sought any assistance from local agencies or organizations?
I moved in with family
What is the current living arrangement with your family and how has this affected your situation?
I was living out of a spare room w
What difficulties or inconveniences have you faced while living out of a spare room?
I had to downsize and pay for storage as I went from a * bedroom home to one room in an apartment with my child and animals
What is the financial impact of downsizing and paying for storage?
I spent money on storage I did not have and couldn't afford medical treatment
What is the total amount you have spent on storage and medical treatment that you couldn't afford due to this situation?
Over * a month for storage and couldnt see doctor to address eye stye or hair loss or continue with my chiropractic care
What is the total amount of financial loss you have incurred due to the alleged negligence of the Georgia Department of Labor?
Unknown
What is the total amount of benefits you believe you were entitled to receive from the Georgia Department of Labor?
Full amount of PUA and weekly supplemnt payments
What is the total amount of PUA and weekly supplement payments you believe you were entitled to receive?
* a week for PUA until it ended and additional supplement payments until it ended
What is the total duration for which you were expecting to receive these benefits?
March * to june *
What is the total amount of benefits you calculated for the period from March * to June *?
Unknown
What is the total amount of benefits you calculated for the period from March * to June *?
Over *
What steps have you taken to calculate the total amount of benefits you believe you were entitled to receive?
Pua amount plus additional payments
What is the specific amount of the additional payments you were expecting to receive?
Supplement payment
What is the amount of the supplement payment you were expecting to receive?
Unknown
What is the specific amount of the supplement payment you were expecting to receive?
Unknown
What is the total amount of financial loss you have incurred due to the alleged negligence of the Georgia Department of Labor?
Unknown
What is the total amount of financial loss you have incurred due to the alleged negligence of the Georgia Department of Labor?
Unknown
What is the total amount of financial loss you have incurred due to the alleged negligence of the Georgia Department of Labor?