If this happens, you can use the same Financial Hardship waiver process. All rights reserved. Working off the Clock Alro Steel FLSA Overtime Pay Lawsuit, The End of Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment, Repayment would cause financial hardship; or, The claimant relied on the payment or notice of payment and gave up a valuable right or changed positions for the worse; or. In May, Dale announced that collections on more than 55,000 claims will not have to be paid back, totaling approximately $431 million in overpayments of federal pandemic unemployment benefits. I want to thank the Governor for her proactive efforts to seek federal guidance on issuing waivers for overpayments to claimants who did the right thing when the applied for benefits, Dale said. Delinquent debts owed to other states or federal agencies. Issuing waivers is a cornerstone of Director Dales reform of the UIA. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. Claimants can also call UIAs Customer Service at 1-866-500-0017. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be granted an overpayment waiver allowing them to keep the money, although many may no longer receive aid going forward. PUA benefits are $300 a week on top of maximum state benefits of $362. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. More: Waivers for unemployment claimants who received overpayment letters may come this weekend, More: Waivers for unemployment overpayments could start to roll out by end of the month. The UIA must get your written protest within 30 days from the date it is issued. Director Dale and UIA staff remain in constant contact with the federal DOL, advising them of the progress on waivers and advocating aggressively on behalf of Michigan workers and their families, so that no one is forced to repay benefits due to changes that affected their claims after they applied for benefits they needed during a global crisis. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. If you have supporting evidence, like a doctor's note or proof of earnings, include them along with the protest. We do not know how long this pause will last or when the UIA will start trying to collect these overpayments again. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. If you believe you are eligible for benefits and the UIA made a mistake, you can ask for a waiver due to agency error. They weren't told by Michigan's UIA until Friday that they would receive a waiver. This most recent round of waivers provides relief to Michiganders who, during the height of the pandemic, followed the rules as they navigated an overburdened unemployment benefits system. The Unemployment Insurance Agency (UIA) has begun to notify claimants who are no longer eligible to receive Pandemic Unemployment Assistance(PUA) benefits that overpayments will be waived. He's been with WDIV since 2013. Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. Read Appealing a Protest above to learn more. For those people, a waiver still is not the same as a determination that they are eligible and entitled to receive unpaid benefits. Click here to take a moment and familiarize yourself with our Community Guidelines. If you don't have the documents available, you can make the protest without them. Were not finished providing substantial relief to Michigan workers, said UIA Director Julia Dale. May 04, 2022 The Michigan Unemployment Insurance Agency (UIA) announced today that over 55,000 claimants will not have to pay back a total of approximately $431 The waiver only covers past Since Dale was appointed director in October 2021, she also has: Department of Labor and Economic Opportunity (LEO) provides the connections, expertise and innovative solutions to drive continued business growth, build vibrant communities, create affordable housing, generate tourism and attract and retain key talent to fill Michigans vast pipeline of opportunities. More Michiganders are still waiting. The waivers will apply to state and federal benefits that claimants received between March 15, 2020, and May 30, 2021, under a state jobless claim, extended benefits, or Pandemic Emergency Unemployment Compensation (PEUC). There is not an application for this on MiWAM, but you can ask for the waiver by going to your main account page and finding the link "Send Unemployment a Message". Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. If the UIA denies your protest and appeal and still says you owe the money, you can use this waiver process to argue that even if there is an overpayment, you should not have to pay it back. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Michigans unemployment agency announced another round of waivers and refunds for filers who were overpaid and asked to pay back the overpayment. Already, weve issued 55,000 waivers for people who needed help and did nothing wrong, but thats not good enough, Dale said. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. schedule an in-person, phone or online appointment. The move came twodays after the Detroit Free Press highlighted that certain peoplewho received Pandemic Unemployment Assistancebenefits were accused of misreportingtheir income and were to repay the excess benefits they had received. The individual responded no to being unemployed, partially unemployed, or unable or unavailable to work due to the approved coronavirus-related reasons, and the state paid Pandemic Unemployment Assistance. When asked to self-certify, the individual did not respond or confirmed that none of the approved coronavirus-related reasons applied and the state issued payment, resulting in overpayment for the week. The Unemployment Insurance Agency (UIA) is now reviewing the categories added Monday and determining how many other claims might qualify for waivers under Good cause can be very hard to prove. The UIA has requested an extension of that pause while they identify and process waivers for other population and is in the process of providing additional information to support the request for extension. Those who qualify will receive notification in the MiWAM account and a letter in the mail. The federal government has expanded its criteria for who can get a waiver that would let people keep that money. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. In May, UIA applied waivers to 55,000 claims totaling $431 million. It specifically said states could apply blanket waivers for overpayments for claimants who were approvedfor a higher weekly benefit amount than what they should have received. Regular unemployment benefits paid during the pandemic are unaffected by this announcement. WebEligible Unemployment Claimants Granted Overpayment Waivers. If you lose your appeal in front of an ALJ, you can appeal to the Unemployment Insurance Appeals Commission (UIAC). In addition, approximately $2.4 million will be refunded to claimants who were paying back benefits received or applied toward overpayments not covered by the waivers. If the UIA tries to collect from you during the pause, you can try contacting the UIA's Benefit Overpayment Collection unit at 1-866-500-0017. Related: Michigan erases $431M in pandemic unemployment overpayments. In addition, approximately $2.4 million will be refunded to claimants who were paying back benefits received or applied toward overpayments not covered by the waivers. Unemployment waivers bring relief to thousands. The U.S. DOL authorized a pause on certain collection activity through May 7, 2022. UIA 1901 (Spanish) - Unemployment Benefits in Michigan. No Michigander who did the right thing when applying for benefits should be required to pay anything back resulting from errors at the federal level. WebThe UIA is responsible for collecting overpayments of unemployment benefits. An overpayment happens when you receive more unemployment money than you should have received. Claimants with questions about todays announcement are urged to call UIAs Customer Service at 1-866-500-0017. Those with questions about the suspension or overpayments can go to Michigan.gov/UIAand click on the Schedule an Appointmentlink to speak with a trained staff member either in person, by phone or online. Claims determined to be fraudulent or being investigated for fraud. It is very important to read the notices, and protest or appeal on time using the process below if you disagree with the UIA's decision. The UIA is responsible for collecting overpayments of unemployment benefits. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. "For those who have responded, we're reviewing their cases to determine if they have an eligible COVID-19 related reason and if they may continue to receive benefits," said Acting UIA Director Liza Estlund Olson. In May, UIA applied waivers to 55,000 claims If you want to appeal to the UIAC, you may want to speak with a lawyer. Select Request Restitution Waiver for Financial Hardship and fill out the application. This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. Hopefully, the Agency will issue guidance soon. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. The appeal process and deadlines are still the same. More Michiganders are still waiting. If the UIA doesnt get your protest within 30 days, you must show good cause why it was late. An independent report published late last year found Michigan paid $8.5 billion in fraudulent or intentional misrepresentation unemployment payments. About 327,000 fewer than expected claimants received a waiver. You can use the Guide to Legal Help to get information about finding a lawyer. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Last year, the Michigan UIA retroactively determined nearly 700,000 people were ineligible for a federal pandemic unemployment program that extended benefits to part-time and gig workers. Waivers will be granted to the initial group of approximately 350,000 non-responses, many of whom may no longer be collecting benefits. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. The suspension through Oct. 31, 2022, halts collections on unemployment benefits programs launched under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and its extensions: Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), Federal Pandemic Unemployment Compensation (FPUC), Mixed Earnings Unemployment Compensation (MEUC) and federal reimbursement for the first week of benefits. Three months after the U.S. Department of Labor guidance was issued, the first group of blanket waivers went out to Claimants can also call UIAs Customer Service at 1-866-500-0017. Roughly 350,000 waivers were distributed in July 2021 so Michiganders would not have to repay overpayments that were received by no fault of their own. If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. Claimants also can schedule an in-person, phone or online appointment. Each letter will have a due date printed on it for when the appeal is due. There is no application process. All Rights Reserved. The ALJ is not part of the UIA, so the judge won't have access to any of the documents you sent to the UIA. Another round of waivers will go to claimants who received unclear instructions about gross earnings versus net earnings when applying for benefits, the Michigan Unemployment Insurance Agency said in a May 27 news release. (WXMI) Relief could soon be coming for Michiganders who were told they would have to pay back unemployment money. Your Notice of Telephone Hearing will have instructions on how to do this. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. Lynda Robinson, a spokesperson for the agency, said she didn't have any estimates on how many claimants may also qualify for a waiver and when they might receive one. Ken Haddad is the digital content and audience manager for WDIV / ClickOnDetroit.com. Affected claimants will receive notification in their MiWAM account, or by U.S. mail. "We wont stop fighting until weve corrected past mistakes made by this agency so that not one innocent Michigander will face consequences as a result of asking for help they needed,"Julia Dale, thedirector of Michigan's UIA, said in the release. UIA: Misrepresentation must be investigated when a claimant provides information that conflicts with information the agency possesses. All rights reserved (About Us). The news releasedidn't give an estimate as to how long it might take to issue waivers. This may have happened for a few reasons, like if you made a mistake when certifying your benefits, were unable or unavailable to work, or you knowingly gave false or misleading information when filing a claim. Some Michiganders had benefits cut short based on erroneous determinations about whether they lost work due to COVID, whether they were able and available for work, or whether they voluntarily quit their jobs for health and safety reasons. If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. Contact Adrienne Roberts: amroberts@freepress.com. Since Dale was appointed director in October 2021, she also has: Department of Labor and Economic Opportunity (LEO) provides the connections, expertise and innovative solutions to drive continued business growth, build vibrant communities, create affordable housing, generate tourism and attract and retain key talent to fill Michigans vast pipeline of opportunities. You will not get a notice that your refund is being held to pay a debt to the state until you file your state income tax return. To get benefits under the PUA program, the Unemployment Insurance Agency (UIA) must have determined that your unemployment was directly affected by the COVID-19 pandemic. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. When the hearing is scheduled, the judges office will send a Notice of Telephone Hearing to you in the mail. The UIA has said it is reviewing how the categories would apply to claims in Michigan and is determining how quickly the waivers could be issued.. TheU.S. Department of Labor issued guidance to states in February on how to address overpayments when the claimant is not at fault. The individual submitted proof of self-employment earnings to establish eligibility for Mixed Earners Unemployment Compensation Program and the state incorrectly processed the information, resulting in overpayment. The agency said it has requestedan extension from the U.S. Department of Labor of apause oncollection activities such aswage garnishments and interceptions by theState of Michigan. Those 350,000 people wont be able to keep collecting Pandemic Unemployment Assistance benefits in the future, however. A new press release is lacking in details and reports the Agency intends to pause collections through May 7: During the pause, UIA will not issue new wage garnishments or intercept State of Michigan tax refunds. This round of waivers accounts for 96% Although waivers for 55,000 more claimants is a good step forward, it fell short A worker files a claim on the Michigan Unemployment Insurance Agency website. Michigan has yet to adopt this standard, but it now seems poised to do so. Here is what we know so far: The U.S. Department of Labor has been clear since May of 2021 that states like Michigan have broad powers to waive so-called overpayments on Pandemic Unemployment Benefits created by the CARES Act. Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. New waiver qualifications for Michiganders who received unemployment overpayments More people could qualify for Michigan's unemployment insurance agency If your protests were filed on time, the UIA is not allowed to collect money before your case is final. The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. The waivers provide fresh hope for Michiganders who faced paying back the federal government for benefits they received based on frequently shifting federal and state program rules. Michigan Rehabilitation Services new layout, Michigan Council for Rehabilitation Services (MCRS), Executive Order 2020-107 established Michigan Workforce Development Board, Unemployment Insurance Appeals Commission, formerly MI Compensation Appellate Commission. If you want the ALJ to see any documents, you will need to send it to the judge before the hearing. More: Michigan Unemployment agency says claimants made big mistake. Since July 2021, the UIA has waived more than $4.35 billion in overpayment debt related to federal pandemic jobless benefits programs on more than 407,300 claims. The Michigan Unemployment Insurance Agency (UIA) announced today that over 55,000 claimants will not have to pay back a total of approximately $431 million in overpayments of federal pandemic unemployment benefits that the agency previously determined to have been improperly awarded. What is an Overpayment Waiver? Release date: Friday, July 30, 2021. The state paid the individual a minimum PUA Weekly Benefit Amount (WBA) based on Disaster Unemployment Assistance (DUA) guidance that was higher than the states minimum PUA WBA, which resulted in an overpayment, The individual was eligible for payment under an unemployment benefit program, but through no fault of the individual, they were instead incorrectly paid under either the PUA or PEUC program at a higher WBA. 2 regarding overpayments. If states adopt the federal waiver standard, the new Department of Labor guidance would allow blanket waivers to be issued automatically to hundreds of thousands of Michigan residents who fall in specific categories. In some cases, the UIA might send a refund of payments you have already made. If the UIA believes you were overpaid, they will send you a letter. In February, the request for expanded waivers was granted. Additionally, roughly $11 million will be refunded to claimants who had been paying back their federal benefits overpayment, or it will be applied to any outstanding debt a claimant may have. It further states that a "state may authorize a waiver when or if the overpayment was not the fault of the claimant and State Protests can take 10 months or longer to be resolved. Interest accumulates very quickly on unemployment overpayments. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. The pause does not stop collections activities such as existing wage garnishments, intercepting federal tax returns, deducting a percentage from current unemployment benefit payments, or recovering overpayments for other states.. Convenient times and dates are available. Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. 2023 Blanchard & Walker PLLC. The Michigan Unemployment Insurance Agency (UIA) has secured a second approval from the U.S. Department of Labor (U.S. DOL) to suspend certain collection activities for 391,769 workers who applied for federal jobless benefits during the COVID-19 pandemic. Claimants can also call UIAs Customer Service at 1-866-500-0017. We offer a wealth of free workplace-related information in our Employee Rights and Information Center. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. You may want to repay the overpayment as quickly as possible. The DOLsEmployment and Training Administrationupdated its waiver guidance to approve five new scenarios under which states who have adopted the federal provisions for consideration of a waiver may use blanket waivers to wipe out overpayments: The Department of Labor has also created a process for states to propose additional categories for blanket waiver treatment. Michigan Legal HelpHelping Michigan residents solve their legal problems. Some Michigan residents who benefited from billions in overpaid pandemic unemployment assistance may not owe that money back after all. Four PUA COVID-19 eligibility reasons that were included at the beginning of the pandemic were later found by the U.S. Department of Labor to be non-qualifying. The UIA has said it is reviewing how the categories would apply to claims in Michigan and determining how quickly the waivers could be issued. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. Michigan ice If there is any money left in your refund after that debt is paid, you will get it. Collaborated with the Attorney Generals office to combat fraud at the agency. Although Michigan has yet to adopt the federal waiver standard, the UIA seems poised to do so in light of the new guidance. The waivers will apply to federal benefits received before September 4, 2021, the end date for pandemic unemployment benefits programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and its extensions. The waivers provide fresh hope for Michiganders who faced paying back the federal government for benefits they received based on frequently shifting federal and state program rules. Workers with questions about overpayment waivers can go to Michigan.gov/UIA and click on the Schedule an Appointment link to set up an in-person, phone or online meeting with a trained staff member. Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). Contact us to request a meeting with one of our attorneys. Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. Please see q. If you cant pay the overpayment amount that you owe, you can ask for a Financial Hardship Waiver by clicking on the Claimant Services Tab in your MiWAM account and filling out the application. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. Awarding waivers is a cornerstone of Director Dales reform of the UIA, including chasing down bad actors who steal money from workers, striving for exemplary customer service and leading the effort to replace the Agencys decade-old computer system with a user-friendly, state-of-the-art interface for claimants and businesses. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. The Michigan Unemployment Insurance Agency (UIA) announced today that it has issued another round of waivers to approximately 7,300 state and federal COVID-19 The suspension stops new wage garnishments and State of Michigan tax refund intercepts and is the second time UIA Director Julia Dale has worked with U.S. DOL to grant the suspension to provide relief for Michigan workers. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. State officials worked with the U.S. Department of Labor to issue the first round of waivers last August followed by the second chunk in early May. The name of the labor department varies for each state, but it provides a full listing of the state employment offices (see Resources). A legislative fix would be required to provide equal waiver rights for claimants who received regular UI benefits. "For those who did not respond, we want to assure them that claimants who are no longer eligible won't have to return the money they received when, through no fault of their own, they chose one of the four non-eligible reasons.". The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Letters will also be mailed to the address on file confirming the MiWAM notification. Overpaid claimants who provided the Michigan UIA with gross earnings instead of net earnings will be the group to get waivers. Over the past three months, we have waived more than $484.2 million on 62,300 claims. My top priority is to help Michigan families. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. You may get notices about your case during the collections pause. This is a pause on collections only. The suspension will put money back in the pockets of people who needed pandemic unemployment benefits and followed the rules when they asked for help. This latest round of waivers adds to our robust work to reform the agency and get money back to Michiganders, while also cracking down on fraud and abuse and holding bad actors accountable at every turn., Previous: 55,000 Michiganders wont have to pay back $431 million in improperly awarded unemployment benefits. Gretchen Whitmer supported Michigan's use of waivers from the Department of Labor, stressing that, "No one who followed the rules and received benefits through no fault of their own should have to pay back money to the federal government.". Claimants made big mistake than you should have received of claims that are contributing the. Agency is still working hard to identify others that may qualify for the remaining overpayments and contractors including. Identify workers who qualify for the remaining overpayments may want to repay the overpayment they! Unemployment overpayments of this site may not work as intended do not know how this. Request a meeting with one of our attorneys 30, 2021 get it fill out the.. Repay the overpayment as quickly as possible benefit amounts, Dale said in February, the UIA to issue.! Received regular UI benefits out the application waiver Rights for claimants who received UI! 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