Additional testing over the last week by FAST developers revealed the early numbers to overlap with waivers issued last fall by the agency. Some claimants have received a waiver. 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. For those people, a waiver still is not the same as a determination that they are eligible and entitled to receive unpaid benefits. What is an Overpayment Waiver? More rounds of waivers expected, offering relief to workers. If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. UIA 1901 (Spanish) - Unemployment Benefits in Michigan. WebThe UIA is responsible for collecting overpayments of unemployment benefits. 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. The agency said in an emailed news release that fewer waivers went out than expected because additional testing over the last weekrevealed that theearly numbers overlapped with waivers issued last fall by the agency. The federal government has expanded its criteria for who can get a waiver that would let people keep that money. A total of $484.2 million in overpayments have been waived on 62,300 claims this year. 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. 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. Some examples of good cause include: You can protest online through your Michigan Web Account Manager (MiWAM). An earlier suspension expired in May. It further states that a "state may authorize a waiver when or if the overpayment was not the fault of the claimant and 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. State unemployment insurance program overpayments. New waiver qualifications for Michiganders who received unemployment overpayments More people could qualify for Michigan's unemployment insurance agency 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. If a waiver does not apply, collections will resume. The move came twodays after the Detroit Free Press highlighted that certain peoplewho received Pandemic Unemployment Assistancebenefits were accused of misreportingtheir income and were to repay the excess benefits they had received. Claimants can visitMichigan.gov/UIAto access their MiWAM account to chat with an agent. Claimants say UIA is lying, Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages, Your California Privacy Rights/Privacy Policy. News Update: Promised Waivers fall short. If the UIA denies your Financial Hardship Waiver, you can appeal to an ALJ. Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). May 04, 2022 The Michigan Unemployment Insurance Agency (UIA) announced today that over 55,000 claimants will not have to pay back a total of approximately $431 Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". 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. Over the past three months, we have waived more than $484.2 million on 62,300 claims. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. 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. Your Notice of Telephone Hearing will have instructions on how to do this. Rebuilt the Trust Fund to $1.5 billion (and growing). 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. "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. Please note that contacting us does not create any attorney-client relationship between you and our firm. There is not an application for this on MiWAM, but you can ask for the waiver by going to your main account page and finding the link "Send Unemployment a Message". Hopefully, the Agency will issue guidance soon. 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. 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. In some situations, the UIA may send you actual bills for an overpayment. 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. 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. Collaborated with the Attorney Generals office to combat fraud at the agency. Julia Dale directs the state Unemployment Insurance Agency. If the UIA doesnt get your appeal within 30 days, you must show good cause why it was late. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Waivers will be granted to the initial group of approximately 350,000 non-responses, many of whom may no longer be collecting benefits. Those who qualify will receive notification in the MiWAM account and a letter in the mail. An independent report published late last year found Michigan paid $8.5 billion in fraudulent or intentional misrepresentation unemployment payments. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. The name of the labor department varies for each state, but it provides a full listing of the state employment offices (see Resources). schedule an in-person, phone or online appointment. To date the UIA has waived over $4.3 billion in overpayment debt for more than 400,000 claimants with more to come. You will not get a notice that your refund is being held to pay a debt to the state until you file your state income tax return. 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. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. Letters will also be mailed to the address on file confirming the MiWAM notification. 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. If you believe you are eligible for benefits and the UIA made a mistake, you can ask for a waiver due to agency error. 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. Claims determined to be fraudulent or being investigated for fraud. "We wont stop fighting until weve corrected past mistakes made by this agency so that not one innocent Michigander will face consequences as a result of asking for help they needed,"Julia Dale, thedirector of Michigan's UIA, said in the release. The Unemployment Insurance Agency (UIA) is now reviewing the categories added Monday and determining how many other claims might qualify for waivers under 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 update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. TheU.S. Department of Labor issued guidance to states in February on how to address overpayments when the claimant is not at fault. The Michigan UIA is facing a class-action lawsuit that claims the state unlawfully demanded pandemic aid back. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. You can use the Guide to Legal Help to get information about finding a lawyer. If you find supporting documents later on, you can add them. 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. He's been with WDIV since 2013. More than 55,000 unemployment insurance claimants who received benefits in the pandemic but were later told they were overpaid got waivers and will be refunded if they started paying back their overpayment, Michigan's Unemployment Insurance Agency said Wednesday. and last updated 7:40 PM, Feb 07, 2022. The waiver only covers past Recovery would be unconscionable under the circumstances. 2 regarding overpayments. 2023 Advance Local Media LLC. YouTubes privacy policy is available here and YouTubes terms of service is available here. In May, UIA applied waivers to 55,000 claims totaling $431 million. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. Step 1 Contact your state's unemployment department. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. There is no application process. 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. If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. The UIA is responsible for collecting overpayments of unemployment benefits. 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. A pause on collections that was granted by the U.S. Department of Labor expired on May 7. 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." Related: Unemployment waivers bring relief to thousands. A worker files a claim on the Michigan Unemployment Insurance Agency website. 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. 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. Letters will also be mailed in the coming days confirming the MiWAM notification. If this happens, you will get a Notice of Adjustment to Income Tax Refund. 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. 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. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Claimants can also call UIAs Customer Service at 1-866-500-0017. 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. If the UIA doesnt get your protest within 30 days, you must show good cause why it was late. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. 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. 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 Unemployment Insurance Agency (UIA) has begun to notify claimants 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. 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 the UIA believes you were overpaid, they will send you a letter. 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. If you don't have the documents available, you can make the protest without them. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. Regular unemployment benefits paid during the pandemic are unaffected by this announcement. 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. More Michiganders are still waiting. If you want to appeal to the UIAC, you may want to speak with a lawyer. About 327,000 fewer than expected claimants received a waiver. 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.". Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. If the UIA denies your protest, you can appeal. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Claimants also can schedule an in-person, phone or online appointment. 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. Over the past three months, we have waived more than $484.2 million on 62,300 claims. 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 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. UIA is performing an analysis to determine the total population impacted by this issue.. 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. Cookie Settings/Do Not Sell My Personal Information. 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. Contact Adrienne Roberts: amroberts@freepress.com. 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 When the hearing is scheduled, the judges office will send a Notice of Telephone Hearing to you in the mail. The announcement came in the wake of allegations of unconstitutional overpayment collection notices sent out to thousands of Michigan residents. 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. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file an appeal.". This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. 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. UIA will continue to look at COVID-19 pandemic claims to identify others that may qualify for waivers. 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. Unemployment waivers bring relief to thousands. According to recent reporting, the waiver program was much smaller than promised. Please see q. 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. About 530,000 were then hit with steep overpayment notices at no fault of their own. Thanks to these waivers that we fought for and secured Michiganders will get to keep their hard-earned money.. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. 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." The news releasedidn't give an estimate as to how long it might take to issue waivers. Each letter will have a due date printed on your determination for when the protest is due. 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. 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. The federal jobless assistance programs were a critical lifeline for many Michiganders affected by the global pandemic and our action today means they will be able to continue to provide for their families without the fear of having to pay back benefits awarded through agency error.. The agency expects more rounds in the future. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. When asked to self-certify, the individual did not respond or confirmed that none of the approved coronavirus-related reasons applied and the state issued payment, resulting in overpayment for the week. A legislative fix would be required to provide equal waiver rights for claimants who received regular UI benefits. Michigan Rehabilitation Services new layout, Michigan Council for Rehabilitation Services (MCRS), Executive Order 2020-107 established Michigan Workforce Development Board, Unemployment Insurance Appeals Commission, formerly MI Compensation Appellate Commission. Waivers issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. 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. According to recent reporting, the waiver program was much smaller than promised. Michigan erases $431M in pandemic unemployment overpayments. 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 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. 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'. 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. 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