Lisi continues to fight the good fight for PUA unemployment benefits

Pago Pago, AMERICAN SAMOA — Taufoli Lisi, a local of American Samoa who took her fight against the Department of Human Resources to the High Court two years ago, and came to Samoa News wanting to update her story and journey, after her reconsideration application to the Department of Human Resources was denied for the Pandemic Unemployment Assistance (PUA) program.

Samoa News first reported on Lisi’s plight in Oct. 2022.

PUA assists and supports individuals who are unable to sustain employment as a result of COVID-19 enacted by the US Senate and Congress for aid, relief and economic security (CARES) Act and the program concluded last year. The territory of American Samoa was among the recipients of this federal unemployment assistance in 2020. The program concluded in 2022.

Last year when Lisi came to Samoa News to tell her story, she explained that she has been fighting for what she believes is her “entitlement” under the PUA program, given that her employment was affected as a result of COVID-19.

Her application to the Department of Human Resources was denied but she filed for an appeal, and to date, is still waiting for a decision from the Administrative Law Judge, who had ruled that Lisi had grounds to appeal the decision by DHR to deny her PUA benefits based on ineligibility as per her employer her discharge or suspension from work was not COVID-19 related.

Lisi filed an appeal on her case with the DHR, as “she wanted the DHR to have the employer provide evidence of her separation from her former employment as a result of the misconduct so that she could have the opportunity to refute the employer’s purported facts and establish that her separation from employment was in fact COVID-19 related.”

And, at the time, ALJ Marie Alailima ruled there was substantial evidence supporting a finding that the DHR had not undertaken any process yet to reconsider its decision denying petitioner PUA’s benefits.

Lisi told Samoa News that after the initial story of the denial of her PUA application came out in Samoa News, she was given a notice in response to her petition for a reconsideration claim — that a hearing for said reconsideration claim was scheduled for Feb. 15, 2023 at the ALJ court.

Lisi also pointed out that after her initial hearing with DHR, she went to the ALJ office to ask for an appeal form and the determination form, but the ALJ denied her access to these documents, and in response to these actions, she personally obtained the forms online to assist in documenting her case. 

After the Feb. 15 hearing, Lisi was informed to wait for a final decision from ALJ Alailima on whether or not she would be granted her unemployment benefits. However, to date, Lisi told Samoa News she has not heard from the ALJ Judge, at all.

Lisi said that since the February hearing, she has kept in contact with the ALJ office and has called them regularly for the past 3 months, about a decision on her appeal.

Unfortunately, she was told that the ALJ judge was off island on medical leave and she was not given a timetable to when a decision would be made. 

ALJ Alailima finally returned to American Samoa last week, and Lisi once again phoned the ALJ office last week Friday to ask whether or not a decision had been made on her appeal.

An employee at the ALJ office told her to call again this coming Friday for an update, and she is hoping for good news.