michigan unemployment overpayment waiver

UIA will continue to review all overpayment claims to see how many more may be eligible for waivers. Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). 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. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file a protest.". There is no application process. 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 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. To date the UIA has waived over $4.3 billion in overpayment debt for more than 400,000 claimants with more to come. You can appeal online through your MiWAM account. 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. 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. An overpayment happens when you receive more unemployment money than you should have received. Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. 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, Eligible Unemployment Claimants Granted Overpayment Waivers, 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. Cookie Settings/Do Not Sell My Personal Information. If you run into problems, you may want to try to contact a lawyer. 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, said Michigan UIA director Julia Dale in a statement. 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. Each letter will have a due date printed on your determination for when the protest is due. We offer a wealth of free workplace-related information in our Employee Rights and Information Center. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. 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. 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. According to recent reporting, the waiver program was much smaller than promised. Michigan Legal HelpHelping Michigan residents solve their legal problems. 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. Claimants say UIA is lying, More: Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages. That's an average of about $7,800 per claimant that was waived. If you lose your appeal in front of an ALJ, you can appeal to the Unemployment Insurance Appeals Commission (UIAC). If claimants qualify for a waiver, UIA will notify them through an online message to their Michigan Web Account Manager (MiWAM) accounts and by a letter mailed to the address on file. Letters will also be mailed to the address on file confirming the MiWAM notification. 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 ALJ is not part of the UIA, so the judge won't have access to any of the documents you sent to the UIA. 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. This is a free legal aid hotline. There are other actions that can be taken if fraud is suspected. To do this, go to your MiWAM account and click on the Claimant Services Tab. YouTubes privacy policy is available here and YouTubes terms of service is available here. Collaborated with the Attorney Generals office to combat fraud at the agency. 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. 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. He enjoys suffering through Lions games on Sundays in the fall. If you become unemployed and get unemployment benefits while you still owe an overpayment, 50 percent (or 100 percent if fraud was involved in the original overpayment) of your weekly unemployment benefit payment will be taken for repayment. 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. Claimants also can schedule an in-person, phone or online appointment. 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.. But the agency continued to fight back against claimants who argued they didn't misreport their income. The agency expects more rounds in the future. UIA has notified claimants who received waivers by posting messages to their Michigan Web Account Manager (MiWAM) accounts. If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. Some examples of good cause include: You can protest online through your Michigan Web Account Manager (MiWAM). 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." In May, UIA applied waivers to 55,000 claims totaling $431 million. After the UIA responds and issues a determination, you can protest or appeal a denial of the agency error waiver. The agency did not provide an estimate on how many people were affected by the earnings mishap. 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. The UIA is responsible for collecting overpayments of unemployment benefits. Interest accumulates very quickly on unemployment overpayments. Regular unemployment benefits paid during the pandemic are unaffected by this announcement. Community Rules apply to all content you upload or otherwise submit to this site. 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.". 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. 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 Unemployment Insurance Agency (UIA) has begun to notify claimants Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. (WXMI) Relief could soon be coming for Michiganders who were told they would have to pay back unemployment money. We do not know how long this pause will last or when the UIA will start trying to collect these overpayments again. 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. 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. Those 350,000 people wont be able to keep collecting Pandemic Unemployment Assistance benefits in the future, however. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. More Michiganders are still waiting. Protests can take 10 months or longer to be resolved. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. Click here to take a moment and familiarize yourself with our Community Guidelines. When youre working, interest accumulates very quickly on unemployment overpayments. Read Appealing a Protest above to learn more. A total of $484.2 million in overpayments have been waived on 62,300 claims this year. All rights reserved (About Us). 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. 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. 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. 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. What is an Overpayment Waiver? If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Three months after the U.S. Department of Labor guidance was issued, the first group of blanket waivers went out to This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. 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. Some claimants have received a waiver. 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. If the UIA doesnt get your protest within 30 days, you must show good cause why it was late. If the UIA doesnt get your appeal within 30 days, you must show good cause why it was late. According to recent reporting, the waiver program was much smaller than promised. 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. Contact us to request a meeting with one of our attorneys. 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. Will the pause on collections continue? The appeal process and deadlines are still the same. If you get a refund, make sure you carefully read any notices or information you get explaining the refund. Delinquent debts owed to other states or federal agencies. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Waivers for unemployment claimants who received overpayment letters may come this weekend, Waivers for unemployment overpayments could start to roll out by end of the month, paused "new" wage garnishments and interceptions of State of Michigan tax refunds, Your California Privacy Rights/Privacy Policy. Although waivers for 55,000 more claimants is a good step forward, it fell short 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. Hopefully, the Agency will issue guidance soon. Michigan paid $8.5B in fraudulent COVID unemployment claims. UIA is performing an analysis to determine the total population impacted by this issue.. 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. This round of waivers accounts for 96% 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. 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Michigans unemployment agency announced another round of waivers and refunds for filers who were overpaid and asked to pay back the overpayment. TheU.S. Department of Labor issued guidance to states in February on how to address overpayments when the claimant is not at fault. 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. 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Contact Adrienne Roberts: amroberts@freepress.com. 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. 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. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. 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 have supporting evidence, like a doctor's note or proof of earnings, include them along with the protest. The announcement came in the wake of allegations of unconstitutional overpayment collection notices sent out to thousands of Michigan residents. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Claimants can visitMichigan.gov/UIAto access their MiWAM account to chat with an agent. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. 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. 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. At every turn, I will stand up and fight on behalf of Michiganders to make sure they get what they were promised. Claimants can also call UIAs Customer Service at 1-866-500-0017. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. 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. 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 UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. He also authors the Morning Report Newsletter and various other newsletters. 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. Claims determined to be fraudulent or being investigated for fraud. 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. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. State unemployment insurance program overpayments. Some claimants have received a waiver. Three months after the U.S. Department of Labor guidance was issued,the first group of blanket waivers went out to 55,000 claimants. To date, the agency said it has waived more than $4.3 billion in overpayment debt for more than 400,000 claimants. Copyright 2022 by WDIV ClickOnDetroit - All rights reserved. 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.. 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. Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. You may get notices about your case during the collections pause. About 327,000 fewer than expected claimants received a waiver. "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. You can use the Guide to Legal Help to get information about finding a lawyer. 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. 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. UIA: Misrepresentation must be investigated when a claimant provides information that conflicts with information the agency possesses. 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. The Michigan UIA is facing a class-action lawsuit that claims the state unlawfully demanded pandemic aid back. 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. How Do I Join a Class Action and How Does it Work for Me? 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. Claimants can also call UIAs Customer Service at 1-866-500-0017. The UIA must get your appeal within 30 days from the date it is issued. 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 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). He's been with WDIV since 2013. 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. 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. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file an appeal.". 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 Collections of overpayments made before the onset of the pandemic in March 2020 will not be suspended. Related: Michigan erases $431M in pandemic unemployment overpayments. Although waivers for 55,000 more claimants is a good step forward, it fell short of the 382,000 promised and as of May 12, 2022 there is still no explanation about when or if more will be coming. My top priority is to help Michigan families. To find out if they can help you, apply online or call 1-888-783-8190 Monday - Thursday, 9am - 5pm, or Friday, 9am - 1pm. Support for Michigan Legal Help is provided by: Copyright 2023 Michigan Legal Help. 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. "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.". 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. We will continue to review federal UI cases to make sure everyone who qualifies for an overpayment waiver will receive one.. currently being considered by Michigan Court of Appeals Judge Brock Swartzle. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. In February, the request for expanded waivers was granted. More Michiganders are still waiting. 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