Some Michiganders had benefits cut short based on erroneous determinations about whether they lost work due to COVID, whether they were able and available for work, or whether they voluntarily quit their jobs for health and safety reasons. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. Select a county above for resources near you, Helping Michigan residents solve their legal problems, Are You Being Evicted? The news releasedidn't give an estimate as to how long it might take to issue waivers. 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. 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. 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 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. Assuming Michigan UIA takes advantage of the broad blanket waiver allowances, waivers could fix many overpayment issues for Michigan residents who were incorrectly paid benefits through no fault of their own. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. 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. In May, UIA applied waivers to 55,000 claims If you run into problems, you may want to try to contact a lawyer. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be This is wonderful news for those who lost their job through no fault of their own, UIA Director Julia Dale said. More: Waivers for unemployment claimants who received overpayment letters may come this weekend, More: Waivers for unemployment overpayments could start to roll out by end of the month. 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. If you want the ALJ to see any documents, you will need to send it to the judge before the hearing. Some Michigan residents who benefited from billions in overpaid pandemic unemployment assistance may not owe that money back after all. They weren't told by Michigan's UIA until Friday that they would receive a waiver. When youre working, interest accumulates very quickly on unemployment overpayments. 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. We do not know how long this pause will last or when the UIA will start trying to collect these overpayments again. What type of federal programs are affected? 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. Many more have never been told why they werent paid the benefits owed, and they still just wait nearly two years later. 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. The move came twodays after the Detroit Free Press highlighted that certain peoplewho received Pandemic Unemployment Assistancebenefits were accused of misreportingtheir income and were to repay the excess benefits they had received. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. UIA 1901 (Spanish) - Unemployment Benefits in Michigan. LANSING, MI More Michiganders who asked to repay their pandemic jobless aid will soon have their overpayments erased. Please note that contacting us does not create any attorney-client relationship between you and our firm. Claimants can also call UIAs Customer Service at 1-866-500-0017. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. 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 has said it is reviewing how the categories would apply to claims in Michigan and is determining how quickly the waivers could be issued.. 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. 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. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. You may get notices about your case during the collections pause. The federal government has expanded its criteria for who can get a waiver that would let people keep that money. But the agency continued to fight back against claimants who argued they didn't misreport their income. Over the past three months, we have waived more than $484.2 million on 62,300 claims. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. What is an Overpayment Waiver? 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. Michigan erases $431M in pandemic unemployment overpayments. "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.". To get benefits under the PUA program, the Unemployment Insurance Agency (UIA) must have determined that your unemployment was directly affected by the COVID-19 pandemic. The 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. Convenient times and dates are available. News Update: Promised Waivers fall short. This latest round of waivers adds to our robust work to reform the agency and get money back to Michiganders, while also cracking down on fraud and abuse and holding bad actors accountable at every turn., Previous: 55,000 Michiganders wont have to pay back $431 million in improperly awarded unemployment benefits. People who were paid on regular UI will still be eligible for waivers under the narrower state standards, and any applications will have to be individually determined by the Agency. If this happens, you can use the same Financial Hardship waiver process. 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. The Michigan Unemployment Insurance Agency (UIA) announced today that over 55,000 claimants will not have to pay back a total of approximately $431 million in overpayments of federal pandemic unemployment benefits that the agency previously determined to have been improperly awarded. Letters will also be mailed to the address on file confirming the MiWAM notification. This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. 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. Video of the Day Will the pause on collections continue? 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. 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. Related: Michigan erases $431M in pandemic unemployment overpayments. 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. In some cases, the UIA might send a refund of payments you have already made. 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. For those people, a waiver still is not the same as a determination that they are eligible and entitled to receive unpaid benefits. 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 name of the labor department varies for each state, but it provides a full listing of the state employment offices (see Resources). If you believe you are eligible for benefits and the UIA made a mistake, you can ask for a waiver due to agency error. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. 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. Collaborated with the Attorney Generals office to combat fraud at the agency. On April 8, 2022 the Unemployment Insurance Agency announced a new promise to halt new collections activity and waive overpayments. 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. 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. Claimants say UIA is lying, Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages, Your California Privacy Rights/Privacy Policy. If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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 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 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 new press release is lacking in details and reports that during a pause until May 7, 2022 UIA will not issue new wage garnishments or intercept State of Michigan tax refunds. If you want to appeal to the UIAC, you may want to speak with a lawyer. 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. 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. 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 purchase a product or register for an account through one of the links on our site, we may receive compensation. 2023 Advance Local Media LLC. 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. and last updated 7:40 PM, Feb 07, 2022. If there is any money left in your refund after that debt is paid, you will get it. 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. 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, UIA secures federal approval to suspend overpayment collections for nearly 400,000 claimants, 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. 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. This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. There is no application process. If a waiver does not apply, collections will resume. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. It further states that a "state may authorize a waiver when or if the overpayment was not the fault of the claimant and Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. Working off the Clock Alro Steel FLSA Overtime Pay Lawsuit, The End of Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment, Repayment would cause financial hardship; or, The claimant relied on the payment or notice of payment and gave up a valuable right or changed positions for the worse; or. If you cant show good cause, the decision that you were overpaid will become final. Support for Michigan Legal Help is provided by: Copyright 2023 Michigan Legal Help. 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. The waivers apply to claimants who received federal benefits before Sept. 4, 2021, the end date for pandemic unemployment benefits through programs such asPandemic Unemployment Assistance andPandemic Emergency Unemployment Compensation. You may want to repay the overpayment as quickly as possible. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". Julia Dale directs the state Unemployment Insurance Agency. 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. Click here to take a moment and familiarize yourself with our Community Guidelines. Claimants who received waivers had messages 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. 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 Some examples of good cause include: You can protest online through your Michigan Web Account Manager (MiWAM). 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. Step 1 Contact your state's unemployment department. 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. For more information on the Financial Hardship Waiver and how to find it on your MiWAM account, visit page 89 of the MiWAM Toolkit for Claimants. 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. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. UIA has notified claimants who received waivers by posting messages to their Michigan Web Account Manager (MiWAM) accounts. Since July 2021, the UIA has waived more than $4.35 billion in overpayment debt related to federal pandemic jobless benefits programs on more than 407,300 claims. The Michigan Unemployment Insurance Agency expects to send out waivers to about 382,000 claimants who received overpayment letters by April 29. Letters will also be mailed in the coming days confirming the MiWAM notification. 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. Claims determined to be fraudulent or being investigated for fraud. UIA: Misrepresentation must be investigated when a claimant provides information that conflicts with information the agency possesses. 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. A pause on collections that was granted by the U.S. Department of Labor expired on May 7. Community Rules apply to all content you upload or otherwise submit to this site. 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. He enjoys suffering through Lions games on Sundays in the fall. To date the UIA has waived over $4.3 billion in overpayment debt for more than 400,000 claimants with more to come. In some situations, the UIA may send you actual bills for an overpayment. 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. The announcement came days after the Detroit Free Press reported some workers with overpayment notices were accused of misreporting their income. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. 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. 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. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. How Do I Join a Class Action and How Does it Work for Me? If the UIA denies your protest and appeal and still says you owe the money, you can use this waiver process to argue that even if there is an overpayment, you should not have to pay it back. The refund might not mean that the case is over. If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. currently being considered by Michigan Court of Appeals Judge Brock Swartzle. 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. (WXMI) Relief could soon be coming for Michiganders who were told they would have to pay back unemployment money. 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. An overpayment happens when you receive more unemployment money than you should have received. If you got an overpayment notice and disagree with it, you can protest and ask the UIA to look at your claim again. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. We will update this page if we get more information. If this happens, you will get a Notice of Adjustment to Income Tax Refund. At every turn, I will stand up and fight on behalf of Michiganders to make sure they get what they were promised. 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 U.S. DOL authorized a pause on certain collection activity through May 7, 2022. According to recent reporting, the waiver program was much smaller than promised. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Is provided by: Copyright 2023 Michigan Legal Help website and affiliated local self-help centers are part of links... The case is final lose your appeal in front of an ALJ, read if... 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