Unclaimed Pandemic Funds: Ohio's Missed Opportunity to Support Struggling Residents

As the COVID-19 pandemic ravaged the nation, the federal government provided crucial unemployment assistance to help Americans weather the economic storm. However, a policy decision by Ohio Governor Mike DeWine has left close to $1 billion in unused pandemic unemployment aid sitting in an account with the U.S. Department of Labor, leaving 320,000 Ohioans fighting for their rightful share in a class action lawsuit.

Empowering Ohioans: The Untapped Potential of Pandemic Assistance

Pandemic Unemployment Assistance: A Lifeline for Struggling Ohioans

The federal unemployment assistance at the heart of this lawsuit was part of the pandemic relief efforts, providing unemployed Ohioans an additional $300 per week. This crucial support helped individuals and families cover essential expenses, such as bills, food, and medication, while also bolstering local businesses struggling to stay afloat. Candy Bowling, the named plaintiff in the lawsuit, recounts the significant impact this assistance had on her life, stating, "I only got like $300 from the state and I was used to bringing in over $600 a week, so it wasn't really even half of what I was making before (becoming unemployed during the pandemic)."

The State's Refusal to Accept Federal Funds: A Questionable Decision

Governor DeWine's decision to opt out of receiving this federal unemployment assistance in July through September of 2021 has drawn widespread criticism. Attorney Marc Dann, who is representing the plaintiffs in the class action lawsuit, argues that the state's rationale for refusing the funds – that the assistance was discouraging people from seeking employment – is not supported by the data. "The fact is, anybody who's been unemployed understands that's not the case," Dann asserted.

The Legal Landscape: Navigating the Complexities

The lawsuit filed in Franklin County against the governor and the state alleges that Ohio law in 2021 required the governor to accept and distribute the federal unemployment funds. The 10th District Court of Appeals has previously ruled that the state must "do everything possible to take every, get every possible benefit." However, a recent change in Ohio law, enacted in October 2023, now allows the state to refuse federal benefits, including those related to coronavirus relief efforts. Dann Law attorney Brian Flick argues that this change in law only strengthens their clients' case, as it makes clear that the law prior to the change did not allow for the state to refuse the funds at issue.

The Availability of Funds: A Surprising Revelation

The Dann Law Firm has received written assurance from the U.S. Department of Labor that the funds in question are still available and appropriated. According to attorney Marc Dann, "The U.S. Department of Labor assured us in writing, by way of an affidavit, that the funds are still available and appropriated, which was a pleasant surprise, and that all Gov. DeWine had to do is ask for it and they will send it."

The Ongoing Battle: Seeking Justice for Ohioans

The class action lawsuit is currently pending in the Franklin County Common Pleas Court, with Judge Michael Holbrook poised to rule on the case at any moment. Attorney Marc Dann remains hopeful that his clients will prevail, stating, "Every time he gets a notification the county, he's hoping it means victory for his clients." The outcome of this case will have significant implications for the 320,000 Ohioans who were denied access to the federal unemployment assistance they were entitled to during a time of great economic hardship.