The ETA Handbook 401 defines a Waiver as a "non-fraud overpayment for which the state agency, in accordance with state law, officially relinquishes the obligation of the claimant to repay." If you need the advice and counsel of a knowledgeable employment law attorney who can best protect your rights and help you pursue your legal interests. If the UIA denies your Financial Hardship Waiver, you can appeal to an ALJ. Since July 2021, the UIA has waived over $4.35 billion in overpayment debt related to federal pandemic jobless benefits programs on more than 407,300 claims. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file an appeal.". 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. The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. If you dont repay an overpayment, the UIA may: Unlike most other types of debt, the UIA can do all of these things without going to court. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. 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. 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. 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. Each letter will have a due date printed on your determination for when the protest is due. There are other actions that can be taken if fraud is suspected. Unemployment waivers bring relief to thousands. The programs were 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. Convenient times and dates are available. A new system will allow for quick analysis of data that is currently not possible for the agency. Contact Adrienne Roberts: amroberts@freepress.com. 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. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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. If you want to appeal to the UIAC, you may want to speak with a lawyer. In some cases, the UIA might send a refund of payments you have already made. A new system will allow for quick analysis of data that is currently not possible for the agency. Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. Blanchard & Walker PLLC 221 North Main St., Suite 300 Ann Arbor, MI 48104, UIA CLASS ACTION LAWSUIT AND WHAT YOU NEED TO KNOW, Family and Medical Leave Act (FMLA) Discrimination, PROFESSIONAL LICENSING AND DISCIPLINARY REVIEW, BW Wins Approval for $1.95M Delivery Driver Settlement. The collections suspension does not stop agency 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. There are other penalties for fraud, too. Already, weve issued 55,000 waivers for people who needed help and did nothing wrong, but thats not good enough, Dale said. 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. 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. 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. Letters will also be mailed to the address on file confirming the MiWAM notification. Claimants also can schedule an in-person, phone or online appointment. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. If you believe you are eligible for benefits and the UIA made a mistake, you can ask for a waiver due to agency error. Ken Haddad is the digital content and audience manager for WDIV / ClickOnDetroit.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. Letters will also be mailed to the address on file confirming the MiWAM notification. When youre working, interest accumulates very quickly on unemployment overpayments. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. Some claimants have received a waiver. 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. 2023 Blanchard & Walker PLLC. Michigan erases $431M in pandemic unemployment overpayments. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. YouTubes privacy policy is available here and YouTubes terms of service is available here. About 327,000 fewer than expected claimants received a waiver. Three months after the U.S. Department of Labor guidance was issued, the first group of blanket waivers went out to The UIA still is working to identify additional individuals who may deserve waivers from the overpayment notices they got after receiving federal aid during the pandemic. More rounds of waivers expected, offering relief to workers. Over the past three months, we have waived more than $484.2 million on 62,300 claims. 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. 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. We will continue to review federal UI cases to make sure everyone who qualifies for an overpayment waiver will receive one.. State unemployment insurance program overpayments. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. This is a pause on collections only. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. If you owe past income taxes or money to the UIA, the Michigan Department of the Treasury can take all or part of your federal and/or state income tax refund to pay the debt. Unfortunately, even if the Agency acts quickly to waive overpayments, this does nothing for the thousands of Michiganders who are owed benefits and have had them cut off. Claimants can also call UIAs Customer Service at 1-866-500-0017. In some situations, the UIA may send you actual bills for an overpayment. The announcement came days after the Detroit Free Press reported some workers with overpayment notices were accused of misreporting their income. Claimants say UIA is lying, More: Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages. 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. If you lose your appeal in front of an ALJ and you do not want to appeal your case again, you will need to repay the overpayment amount or ask for a waiver. 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. When you file your appeal, ask for a hearing before an administrative law judge (ALJ). Claimants who received waivers had messages If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. 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. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. The federal jobless assistance programs were a critical lifeline for many Michiganders affected by the global pandemic and our action today means they will be able to continue to provide for their families without the fear of having to pay back benefits awarded through agency error.. 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. Select Your County for Lawyers and Other Housing Help, An administrative or clerical error is discovered, You had a legitimate inability to act earlier, The notice or decision arrived late in the mail and you could not respond sooner, You were misled by incorrect information from the UIA, Take your federal and/or Michigan income tax refund. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. Please see q. After the UIA responds and issues a determination, you can protest or appeal a denial of the agency error waiver. Claimants can also call UIAs Customer Service at 1-866-500-0017. If you run into problems, you may want to try to contact a lawyer. What type of federal programs are affected? All rights reserved. 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. If the UIA denies your protest, you can appeal. You may get notices about your case during the collections pause. If the UIA doesnt get your appeal within 30 days, you must show good cause why it was late. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. Previously, a February 7, 2022 press announcement, the Governor and Unemployment Agency Director Julia Dale announced that the States Unemployment Agency intends to act quickly to halt collections and issue overpayment waivers. 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Cookie Settings/Do Not Sell My Personal Information. If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. In late December 2022, Michigan's Unemployment Insurance Agency (UIA) said it would temporarily stop trying to collect overpayments from people who filed for unemployment insurance since March 1, 2020. All Rights Reserved. Video of the Day Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. If this happens, you will get a Notice of Adjustment to Income Tax Refund. If you got unemployment benefits under the Pandemic Unemployment Assistance (PUA) program, you may have received a notice for overpayment. The agency said in an emailed news release that fewer waivers went out than expected because additional testing over the last weekrevealed that theearly numbers overlapped with waivers issued last fall by the agency. 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 you have supporting evidence, like a doctor's note or proof of earnings, include them along with the protest. The Michigan Unemployment Insurance Agency (UIA) announced that it has issued waivers to approximately 7,300 state and federal COVID-19 jobless claims from An individual was eligible for payment and the state issued payment at a higher Weekly Benefit Amount under the Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation program. If a waiver does not apply, collections will resume. 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. Use the Guide to Legal Help to find a legal services office near you. Good cause can be very hard to prove. If you got an overpayment notice and disagree with it, you can protest and ask the UIA to look at your claim again. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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.. UIA 1901 (Spanish) - Unemployment Benefits in Michigan. Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment Collection unit at 1-866-500-0017 orschedule an appointment online to arrange repayment. The federal waiver standard allows a state to waive benefit overpayments if: The May 2021 guidance from the Department of Labor also created two specific circumstances when states may use the standard to issue blanket waivers and waive overpayments automatically, when: In a letter sent to the Michigan Governor in December 2021, advocates for UI claimants urged the administration to adopt this standard, as many other states such as Illinois and Wisconsin already have. 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.. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. Around $11 million was refunded to Michiganders who had paid or begun paying back these benefits. 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. In May, UIA applied waivers to 55,000 claims 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. Claims determined to be fraudulent or being investigated for fraud. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. Community Rules apply to all content you upload or otherwise submit to this site. What is an Overpayment Waiver? Your Notice of Telephone Hearing will have instructions on how to do this. 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Of the roughly 690,000 claimants that were asked to requalify, about 241,000 responded to the UIA's request. 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. "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. Although waivers for 55,000 more claimants is a good step forward, it fell short To date, the agency said ithas waived more than$4.3 billion in overpayment debt for more than 400,000claimants. Michigan ice 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). 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