michigan unemployment overpayment waiver
Some claimants have received a waiver. The agency said it doesn't know exactly how many claimants received benefits in the pandemic but were later told they were overpaid benefits through no fault of their own. New waiver qualifications for Michiganders who received unemployment overpayments More people could qualify for Michigan's unemployment insurance agency They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. When those claimants appealed the decision and the case went before a judge, agency representatives said theclaimantswere liable because they hadentered their gross pay from prior years to determine their weekly benefit amountwhen they should have entered their net pay. UIA is performing an analysis to determine the total population impacted by this issue.. 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. Video of the Day Regular unemployment benefits paid during the pandemic are unaffected by this announcement. If the UIA doesnt get your protest within 30 days, you must show good cause why it was late. schedule an in-person, phone or online appointment. The UIA must get your written protest within 30 days from the date it is issued. For example, a message to the UIA could say "I am writing to ask that the Unemployment Insurance Agency send a determination saying whether or not the overpayment is the result of agency error." 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. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be "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. To do this, go to your MiWAM account and click on the Claimant Services Tab. 2023 Advance Local Media LLC. 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More than 55,000 unemployment insurance claimants who received benefits in the pandemic but were later told they were overpaid got waivers and will be refunded if they started paying back their overpayment, Michigan's Unemployment Insurance Agency said Wednesday. Meanwhile, apause on"new" wage garnishments and interceptions of state of Michigan tax refundsfor 398,000 claimants expired on May 7. According to recent reporting, the waiver program was much smaller than promised. If you disagree with the UIA and are protesting the overpayment, do not file the waiver until you have a final determination in your case. WebUIA 1795 - Request to Waive Repayment of Benefit Overpayment Balance UIA 1925 - Request for Name and/or Address Change UIA 6102 Authorization for UIA to Release Confidential The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. After the report came out, the Unemployment Insurance Agency (UIA) started sending some recipients letters telling them they had to repay thousands of dollars. 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. Convenient times and dates are available. Waivers will be granted to the initial group of approximately 350,000 non-responses, many of whom may no longer be collecting benefits. 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The Unemployment Insurance Agency (UIA) is now reviewing the categories added Monday and determining how many other claims might qualify for waivers under If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment There is no application process. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file a protest.". 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. After the notifications were issued, Gov. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. The Unemployment Insurance Agency (UIA) has begun to notify claimants Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. 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. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. They weren't told by Michigan's UIA until Friday that they would receive a waiver. 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). 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. Claimants also can schedule an in-person, phone or online appointment. WebThe UIA is responsible for collecting overpayments of unemployment benefits. 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 the UIA doesnt get your appeal within 30 days, you must show good cause why it was late. 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. You may get notices about your case during the collections pause. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. 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. 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. 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. The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. An independent report published late last year found Michigan paid $8.5 billion in fraudulent or intentional misrepresentation unemployment payments. If a waiver does not apply, collections will resume. How Do I Join a Class Action and How Does it Work for Me? 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. We offer a wealth of free workplace-related information in our Employee Rights and Information Center. Michigans unemployment agency announced another round of waivers and refunds for filers who were overpaid and asked to pay back the overpayment. The Michigan Unemployment Insurance Agency (UIA) announced that it has issued waivers to approximately 7,300 state and federal COVID-19 jobless claims from workers in Michigan. 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. The U.S. DOL authorized a pause on certain collection activity through May 7, 2022. Michigan can waive more unemployment bills under new federal guidance, Michigan unemployment agency unlawfully demanded money back, class-action lawsuit says, Whitmer signs bill to pour $140M into Michigan unemployment fund. 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 Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. Governor Whitmer called on U.S. Department of Labor (U.S. DOL) to expand the eligibility for waivers for Michigan workers who received federal assistance and UIAs Dale proactively advocated for waivers for Michigans workers who followed the rules when they applied for benefits were not negatively affected by decisions the agency made. Over the past three months, we have waived more than $484.2 million on 62,300 claims. 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. The $250 million deposited into the Unemployment Compensation Fund nearly matches the $249 million state portion of the $8.5 billion lost by the state to fraud. The news releasedidn't give an estimate as to how long it might take to issue waivers. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file an appeal.". Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. 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. Unemployment waivers bring relief to thousands. UIA will continue to review all overpayment claims to see how many more may be eligible for waivers. In May, UIA applied waivers to 55,000 claims totaling $431 million. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. The agency said it continues to work with its software vendor FAST Enterprises and the Michigan Department of Technology, Managementand Budget toidentify other groups of claimants who might also qualify for an overpayment waiver. WebEligible Unemployment Claimants Granted Overpayment Waivers. 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. 2 regarding overpayments. About 530,000 were then hit with steep overpayment notices at no fault of their own. At the hearing you will be able to explain why you believe you are eligible for the benefits you received and any good cause that you relied on. The refund might not mean that the case is over. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Claimants who received waivers had messages 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. 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. 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. Many more have never been told why they werent paid the benefits owed, and they still just wait nearly two years later. Each letter will have a due date printed on it for when the appeal is due. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. A new system will allow for quick analysis of data that is currently not possible for the agency. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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 Claimants with questions about todays announcement are urged to call UIAs Customer Service at 1-866-500-0017. 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. This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. Around $11 million was refunded to Michiganders who had paid or begun paying back these benefits. 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. Good cause can be very hard to prove. Claimants can also call UIAs Customer Service at 1-866-500-0017. All rights reserved (About Us). My top priority is to help Michigan families. 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. 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. This is wonderful news for those who lost their job through no fault of their own, UIA Director Julia Dale said. Your Notice of Telephone Hearing will have instructions on how to do this. The announcement came in the wake of allegations of unconstitutional overpayment collection notices sent out to thousands of Michigan residents. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Convenient times and dates are available. The state did not say when they will be issued. Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. Contact Adrienne Roberts: amroberts@freepress.com. It has detailed information about the refund. What is an Overpayment Waiver? More Michiganders are still waiting. 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. If you get a refund, make sure you carefully read any notices or information you get explaining the refund. 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. Michigan has yet to adopt this standard, but it now seems poised to do so. 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. Letters will also be mailed to the address on file confirming the MiWAM notification. 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. If the UIA denies your Financial Hardship Waiver, you can appeal to an ALJ. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. 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.. This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. Protests can take 10 months or longer to be resolved. What type of federal programs are affected? To date, the agency said ithas waived more than$4.3 billion in overpayment debt for more than 400,000claimants. Letters will also be mailed in the coming days confirming the MiWAM notification. 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. Hopefully, the Agency will issue guidance soon. If there is any money left in your refund after that debt is paid, you will get it. If you cant show good cause, the decision that you were overpaid will become final. 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. If you want the ALJ to see any documents, you will need to send it to the judge before the hearing. Select Request Restitution Waiver for Financial Hardship and fill out the application. A worker files a claim on the Michigan Unemployment Insurance Agency website. Michigan ice Claimants who received waivers had messages posted to their Michigan Web Account Manager (MiWAM) accounts, the agency said, and letters started going out on Monday. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. News Update: Promised Waivers fall short. But the agency continued to fight back against claimants who argued they didn't misreport their income. There are other penalties for fraud, too. Issuing waivers is a cornerstone of Director Dales reform of the UIA. Claimants say UIA is lying, Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages, Your California Privacy Rights/Privacy Policy. 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. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. This round of waivers accounts for 96% 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. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. If you got unemployment benefits under the Pandemic Unemployment Assistance (PUA) program, you may have received a notice for overpayment. When we work any claim we recognize that each one represents a worker who has fallen on hard times, and a family that needs help to put food on the table, pay bills and keep a roof over their heads, Dale said. Three months after the U.S. Department of Labor guidance was issued,the first group of blanket waivers went out to 55,000 claimants. In some situations, the UIA may send you actual bills for an overpayment. A pause on collections that was granted by the U.S. Department of Labor expired on May 7. Thanks to these waivers that we fought for and secured Michiganders will get to keep their hard-earned money.. If you lose your appeal in front of an ALJ, you can appeal to the Unemployment Insurance Appeals Commission (UIAC). 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. 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. Michigan Legal HelpHelping Michigan residents solve their legal problems. 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". The agency also said about $11 million will be refunded to claimants who had been paying back their federal benefits overpaymentor it will be applied to any outstanding debt a claimant may have. 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. Will the pause on collections continue? Although Michigan has yet to adopt the federal waiver standard, the UIA seems poised to do so in light of the new guidance. If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment Collection unit at 1-800-638-6372 to arrange repayment. 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. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. 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. When youre working, interest accumulates very quickly on unemployment overpayments. The appeal process and deadlines are still the same. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. If you have supporting evidence, like a doctor's note or proof of earnings, include them along with the protest. An earlier suspension expired in May. Waivers will not be applied to claims where UIA has determined fraud is involved and the agency will continue to vigorously pursue restitution of any stolen benefits. Please note that contacting us does not create any attorney-client relationship between you and our firm. 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. 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. The agency expects more rounds in the future. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. This is a pause on collections only. Check your MiWAM account once a week to make sure you do not miss any updates. 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. 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. 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