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. 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.". 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. Already, weve issued 55,000 waivers for people who needed help and did nothing wrong, but thats not good enough, Dale said. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. 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. 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. TheU.S. Department of Labor issued guidance to states in February on how to address overpayments when the claimant is not at fault. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. Contact us to request a meeting with one of our attorneys. Disclaimer & Privacy Policy | Terms of Use | Sitemap. Claimants say UIA is lying, More: Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages. Collaborated with the Attorney Generals office to combat fraud at the agency. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. About 530,000 were then hit with steep overpayment notices at no fault of their own. We continue to monitor and advocate as the situation unfolds. 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. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. 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. 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. This is a free legal aid hotline. (WXMI) Relief could soon be coming for Michiganders who were told they would have to pay back unemployment money. We will continue to review federal UI cases to make sure everyone who qualifies for an overpayment waiver will receive one.. Recovery would be unconscionable under the circumstances. The announcement came days after the Detroit Free Press reported some workers with overpayment notices were accused of misreporting their income. 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 announces new waivers of state, federal overpayment determinations, 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. If you cant pay the overpayment amount that you owe, you can ask for a Financial Hardship Waiver by clicking on the Claimant Services Tab in your MiWAM account and filling out the application. 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. Over the past three months, we have waived more than $484.2 million on 62,300 claims. If the UIA denies your Financial Hardship Waiver, you can appeal to an ALJ. Delinquent debts owed to other states or federal agencies. If this happens, you can use the same Financial Hardship waiver process. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. A worker files a claim on the Michigan Unemployment Insurance Agency website. All rights reserved. What is an Overpayment Waiver? They weren't told by Michigan's UIA until Friday that they would receive a waiver. 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. In May, UIA applied waivers to 55,000 claims Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. 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. 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. Read Appealing a Protest above to learn more. The ETA Handbook 401 defines a Waiver as a "non-fraud overpayment for which the state agency, in accordance with state law, officially relinquishes the obligation of the claimant to repay." There are other actions that can be taken if fraud is suspected. If you run into problems, you may want to try to contact a lawyer. It has detailed information about the refund. If the UIA doesnt get your protest within 30 days, you must show good cause why it was late. There is no application process. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file a protest.". Were not finished providing substantial relief to Michigan workers, said UIA Director Julia Dale. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. 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. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. 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. If you believe you are eligible for benefits and the UIA made a mistake, you can ask for a waiver due to agency error. To date the UIA has waived over $4.3 billion in overpayment debt for more than 400,000 claimants with more to come. When you file your appeal, ask for a hearing before an administrative law judge (ALJ). Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. A pause on collections that was granted by the U.S. Department of Labor expired on May 7. 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. 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. 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 also can schedule an in-person, phone or online appointment. 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 waives $431M in federal pandemic overpayments, 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. 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.. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. 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. 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. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. If you got an overpayment notice and disagree with it, you can protest and ask the UIA to look at your claim again. This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. Each letter will have a due date printed on your determination for when the protest is due. Meanwhile, apause on"new" wage garnishments and interceptions of state of Michigan tax refundsfor 398,000 claimants expired on May 7. They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. What type of federal programs are affected? 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. After the report came out, the Unemployment Insurance Agency (UIA) started sending some recipients letters telling them they had to repay thousands of dollars. If a waiver does not apply, collections will resume. 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. In May, UIA applied waivers to 55,000 claims totaling $431 million. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. On April 8, 2022 the Unemployment Insurance Agency announced a new promise to halt new collections activity and waive overpayments. Convenient times and dates are available. 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. Related: Unemployment waivers bring relief to thousands. 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. 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. If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment 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." If you owe past income taxes or money to the UIA, the Michigan Department of the Treasury can take all or part of your federal and/or state income tax refund to pay the debt. Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). The agency said it has requestedan extension from the U.S. Department of Labor of apause oncollection activities such aswage garnishments and interceptions by theState of Michigan. 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. About 327,000 fewer than expected claimants received a waiver. 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. In some cases, the UIA might send a refund of payments you have already made. Many more have never been told why they werent paid the benefits owed, and they still just wait nearly two years later. This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. 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. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. 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.. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. Release date: Friday, July 30, 2021. 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 June, claimants were asked to requalify for PUA by providing the agency with the necessary information to remain eligible for the federal program. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Support for Michigan Legal Help is provided by: Copyright 2023 Michigan Legal Help. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. 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. The waiver only covers past The federal government has expanded its criteria for who can get a waiver that would let people keep that money. "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.". How Do I Join a Class Action and How Does it Work for Me? UIA has notified claimants who received waivers by posting messages to their Michigan Web Account Manager (MiWAM) accounts. Make sure to keep your contact information updated in your Michigan Web Account Manager (MiWAM) account so you get any notices from the UIA. Please see q. He also authors the Morning Report Newsletter and various other newsletters. Letters will also be mailed to the address on file confirming the MiWAM notification. 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. In February, the request for expanded waivers was granted. UIA is performing an analysis to determine the total population impacted by this issue.. 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. currently being considered by Michigan Court of Appeals Judge Brock Swartzle. A total of $484.2 million in overpayments have been waived on 62,300 claims this year. Michigan paid $8.5B in fraudulent COVID unemployment claims. 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. UIA will continue to review all overpayment claims to see how many more may be eligible for waivers. 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. Letters will also be mailed in the coming days confirming the MiWAM notification. 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. 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. 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. More: Michigan Unemployment agency says claimants made big mistake. Julia Dale directs the state Unemployment Insurance Agency. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. Collaborated with the Attorney Generals office to combat fraud at the agency. 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. Copyright 2023 ClickOnDetroit.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. 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