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. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. If you need help with the Public File, call (313) 222-0566. He also authors the Morning Report Newsletter and various other newsletters. New wage garnishments, state tax return intercepts halted while Agency prepares to apply more waivers beyond 62,000 already granted. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. Claimants can visitMichigan.gov/UIAto access their MiWAM account to chat with an agent. 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. 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. Claimants who received waivers had messages Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. State unemployment insurance program overpayments. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be Boards, Commissions & Councils collapsed link, Michigan Economic Development Corporation, Michigan Occupational Safety and Health Administration, Michigan State Housing Development Authority, Commission on Middle Eastern American Affairs, Michigan Asian Pacific American Affairs Commission, Michigan Council for Rehabilitation Services, MiSTEM Advisory Council and MiSTEM Network, Workers' Disability Compensation Appeals Commission, https://dev.michigan.local/som/json?sc_device=json, Go to Bureau of Services for Blind Persons, Go to Michigan Career & Technical Institute, Go to Michigan Economic Development Corporation, Go to Michigan High-Speed Internet Office, Go to Michigan Occupational Safety and Health Administration, Go to Michigan State Housing Development Authority, Go to Office of Mobility and Electrification, Requests for Proposals and Qualifications, Go to Workers' Disability Compensation Agency, Go to Michigan Employment Relations Commission, Go to Commission on Middle Eastern American Affairs, Go to Hispanic/Latino Commission of Michigan, Go to Michigan Asian Pacific American Affairs Commission, Go to Michigan Community Service Commission, Go to Michigan Council on Future Mobility, Go to Michigan Council for Rehabilitation Services, Go to Michigan Workforce Development Board, Go to MiSTEM Advisory Council and MiSTEM Network, Go to Unemployment Insurance Appeals Commission, Go to Workers' Disability Compensation Appeals Commission, UIA 1554 DUA - Application for Disaster Unemployment Assistance, UIA 1785-DUA - Bi-Weekly Paper Certification for DUA, UIA 6439 - Public Official, Educational Institution or Michigan Works Agency Request for Information, UIA 1299, Waiver for Accommodation Assistance, UIA 1680, Certification of Completion of Approved Training, UIA 1718, Unemployed Worker's Statement of Wages (Fillable), UIA 1729, Notice of Inquiry for Benefits of a Deceased or Mentally Incompetent Claimant, UIA 1733 - Protest of a Determination/Appeal of a Redetermination, UIA 1735 - Certification for Benefits Due Deceased Claimant, UIA 1795 (Spanish) - Request to Waive Repayment of Benefit Overpayment Balance, UIA 1848 - Certification of Agency and Appearance, UIA 1901-S, Beneficios Del Desempleo En Michigan, UIA 1901 - Unemployment Benefits in Michigan, UIA 1920 - Request for Form 1099-G (Fillable PDF), UIA 6349 (Fillable) - Statement of Identity Theft, UIA 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 Information. Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. 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. Although Michigan has yet to adopt the federal waiver standard, the UIA seems poised to do so in light of the new guidance. Thanks to these waivers that we fought for and secured Michiganders will get to keep their hard-earned money.. 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. Meanwhile, apause on"new" wage garnishments and interceptions of state of Michigan tax refundsfor 398,000 claimants expired on May 7. Director Dale is committed to ensuring that no Michigan family be forced to repay benefits due to changes that affected their claims after they applied for benefits. 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. 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. Due to the intense volume, we are not able to answer individual questions or provide individual representation on UI matters. To find out if they can help you, apply online or call 1-888-783-8190 Monday - Thursday, 9am - 5pm, or Friday, 9am - 1pm. 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. Each letter will have a due date printed on it for when the appeal is due. Monday's letter added five "blanket waiver" criteria for a total of seven that would automatically exempt overpayments related to a federal CARES Act unemployment program. Some claimants have received a waiver. Advocates continue to have discussions with the Agency leadership, and we are closely tracking when and how waivers will be issued to benefit the broadest possible class of Michigan residents who have suffered through this pandemic. Julia Dale directs the state Unemployment Insurance Agency. An individual responded no to being able and available for work and the state issued payment for Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation without adjudicating the eligibility issue. 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. The refund might not mean that the case is over. 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.. and last updated 7:40 PM, Feb 07, 2022. The Michigan Unemployment Insurance Agency (UIA) announced that it has issued waivers to approximately 7,300 state and federal COVID-19 jobless claims from Please see q. If this happens, you can use the same Financial Hardship waiver process. The announcement came in the wake of allegations of unconstitutional overpayment collection notices sent out to thousands of Michigan residents. On April 8, 2022 the Unemployment Insurance Agency announced a new promise to halt new collections activity and waive overpayments. 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 $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. You may get notices about your case during the collections pause. Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. 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. You can use the Guide to Legal Help to get information about finding a lawyer. They weren't told by Michigan's UIA until Friday that they would receive a waiver. According to recent reporting, the waiver program was much smaller than promised. More Michiganders are still waiting. Michigan ice 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. This is wonderful news for those who lost their job through no fault of their own, UIA Director Julia Dale said. The agencypaused "new" wage garnishments and interceptions of State of Michigan tax refunds for 398,000 claimants starting in early April, but that pause expires Saturday. 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." instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. 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. Dale is also going after 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. This is a pause on collections only. If there is any money left in your refund after that debt is paid, you will get it. 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. 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. Rebuilt the Trust Fund to $1.5 billion (and growing). If you cant show good cause, the decision that you were overpaid will become final. It is still unknown on how waivers will be applied and how many or which people it will impact. We will update this page if we get more information. 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. Contact us to request a meeting with one of our attorneys. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. Michigan Legal HelpHelping Michigan residents solve their legal problems. 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. In some situations, the UIA may send you actual bills for an overpayment. Convenient times and dates are available. Contact Adrienne Roberts: amroberts@freepress.com. The announcement came days after the Detroit Free Press reported some workers with overpayment notices were accused of misreporting their income. If the UIA denies your protest, you can appeal. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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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. 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. Workers under fire recently from the Michigan Unemployment Insurance Agency for overpayments to them of federal benefits during the pandemic will now receive a waiver, the state said Friday. All rights reserved (About Us). There is no application process. Contact Adrienne Roberts: amroberts@freepress.com. Julia Dale, the director of the agency, told state lawmakers in early April that the agency expectedto send out waivers over this past weekendto about 382,000 claimants who received overpayment letters. If you find supporting documents later on, you can add them. 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. Three months after the U.S. Department of Labor guidance was issued, the first group of blanket waivers went out to After the report came out, the Unemployment Insurance Agency (UIA) started sending some recipients letters telling them they had to repay thousands of dollars. We continue to monitor and advocate as the situation unfolds. When the hearing is scheduled, the judges office will send a Notice of Telephone Hearing to you in the mail. The individual submitted required proof of earnings used to calculate Pandemic Unemployment Assistance Weekly Benefit Amount and the state incorrectly processed the calculation, resulting in a higher WBA under the PUA program. WebYou can request a waiver from your state if repaying the overage will cause a financial hardship if the overage is not the result of fraud. A total of $484.2 million in overpayments have been waived on 62,300 claims this year. We offer a wealth of free workplace-related information in our Employee Rights and Information Center. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. Claimants with questions about todays announcement are urged to call UIAs Customer Service at 1-866-500-0017. My top priority is to help Michigan families. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. 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. Will the pause on collections continue? If you run into problems, you may want to try to contact a lawyer. This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. You can appeal online through your MiWAM account. If a waiver does not apply, collections will resume. If you don't have the documents available, you can make the protest without them. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. 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. 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. Although the press release was release went to media outlets, claimants facing collections notices did not receive any notice. 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. There is no application process. 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. If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. 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. schedule an in-person, phone or online appointment. An overpayment happens when you receive more unemployment money than you should have received. Claims determined to be fraudulent or being investigated for fraud. 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 jobless claims from workers in Michigan. In February, the request for expanded waivers was granted. An earlier suspension expired in May. 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. 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.. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. In the report on Wednesday, the Free Press showed that in at least some of the cases, the mistake was the state's and not the claimants'. Some examples of good cause include: You can protest online through your Michigan Web Account Manager (MiWAM). After the UIA responds and issues a determination, you can protest or appeal a denial of the agency error waiver. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. WebThe UIA is responsible for collecting overpayments of unemployment benefits. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Many more have never been told why they werent paid the benefits owed, and they still just wait nearly two years later. 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. 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. For those people, a waiver still is not the same as a determination that they are eligible and entitled to receive unpaid benefits. 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. Letters will also be mailed to the address on file confirming the MiWAM notification. Disclaimer & Privacy Policy | Terms of Use | Sitemap. The news releasedidn't give an estimate as to how long it might take to issue waivers. Claimants also can schedule an in-person, phone or online appointment. However, UIA continues to work with their partners at FAST and DTMB to identify other groups of claimants who might also qualify for an overpayment waiver. 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 need the advice and counsel of a knowledgeable employment law attorney who can best protect your rights and help you pursue your legal interests. About 530,000 were then hit with steep overpayment notices at no fault of their own. Those who qualify will receive notification in the MiWAM account and a letter in the mail. 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. 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. To do this, go to your MiWAM account and click on the Claimant Services Tab. The approximately 55,000 claimants who received a waiver represent a total of$431 million in overpayments that they won't have to pay back. In some cases, the UIA might send a refund of payments you have already made. The suspension is key to UIAs continued progress in granting overpayment waivers to claimants who were asked to repay some or all of the federal benefits they received. 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. Three months after the U.S. Department of Labor guidance was issued,the first group of blanket waivers went out to 55,000 claimants. Hopefully, the Agency will issue guidance soon. Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. "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. Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. Support for Michigan Legal Help is provided by: Copyright 2023 Michigan Legal Help. State 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. Some Michigan residents who benefited from billions in overpaid pandemic unemployment assistance may not owe that money back after all. 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