Plaintiffs Appeal Decision to Deny Relief to Arizonans Who Prematurely Lost Pandemic Unemployment FPUC Benefits

Arizona – On February 18, 2022, in response to the superior court ruling in favor of Defendants, Plaintiffs filed an appeal concerning their case against the State of Arizona and Governor Doug Ducey for the early termination of Federal Pandemic Unemployment Benefits (FPUC).  

Plaintiffs are Unemployed Workers United and four Arizonans who, like many, became unemployed during the pandemic and suffered when Arizona prematurely terminated participation in FPUC. FPUC benefits were paid by the Federal government to individuals who received unemployment during the height of the COVID-19 pandemic. FPUC provided unemployment recipients with an additional $600 or $300 per week on top of their base unemployment benefits. 

Although the Federal government made FPUC benefits available until September 6, 2021 at no cost to the states, Governor Ducey prematurely terminated Arizona’s participation in the program on July 10, 2021 - meaning that those eligible for FPUC benefits lost a potential $2,700 they would have otherwise received. 

In their appeal, Plaintiffs argue that Arizona’s Division of Employment Security (DES) acted beyond its authority by prematurely terminating Arizona’s participation in the FPUC program. Specifically, they point to Arizona Statute 23-645, which requires DES to secure all available Federal benefits for Arizona and its citizens.  

Defendants filed their Response to the Appeal on March 18 and Plaintiffs will file their Reply on April 1.