Overpaid claimants who provided the Michigan UIA with gross earnings instead of net earnings will be the group to get waivers. It has detailed information about the refund. About 530,000 were then hit with steep overpayment notices at no fault of their own. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. If you lose your appeal in front of an ALJ, read What If I Lose My Appeal? below. Dale is also going after bad actors who steal money from workers, striving for exemplary customer service, and leading the effort to replace the Agencys decade-old computer system with a user-friendly, state-of-the-art interface for claimants and businesses. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. Each letter will have a due date printed on your determination for when the protest is due. Interest accumulates very quickly on unemployment overpayments. Readers can follow our Facebook page for developments on the UIA waiver program and the UIA class-action lawsuit. 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. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. Select Request Restitution Waiver for Financial Hardship and fill out the application. 2023 Blanchard & Walker PLLC. 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. More Michiganders are still waiting. Roughly 350,000 waivers were distributed in July 2021 so Michiganders would not have to repay overpayments that were received by no fault of their own. Were not finished providing substantial relief to Michigan workers, said UIA Director Julia Dale. We continue to monitor and advocate as the situation unfolds. 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. UIA will continue to review all overpayment claims to see how many more may be eligible for waivers. 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. Last year, the Michigan UIA retroactively determined nearly 700,000 people were ineligible for a federal pandemic unemployment program that extended benefits to part-time and gig workers. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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. Implemented new policies for employees and contractors, including fingerprinting, criminal background checks, and an updated ethics policy. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. 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 issued earlier this month erased overpayments for 55,000 people caught in an agency mistake. The state did not say when they will be issued. They weren't told by Michigan's UIA until Friday that they would receive a waiver. Of the roughly 690,000 claimants that were asked to requalify, about 241,000 responded to the UIA's request. Affected claimants will receive notification in their MiWAM account, or by U.S. mail. The suspension will put money back in the pockets of people who needed pandemic unemployment benefits and followed the rules when they asked for help. 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. Disclaimer & Privacy Policy | Terms of Use | Sitemap. Michigan ice After the notifications were issued, Gov. 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. Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. Some claimants have received a waiver. 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." 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. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 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. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. In May, Dale announced that collections on more than 55,000 claims will not have to be paid back, totaling approximately $431 million in overpayments of federal pandemic unemployment benefits. The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. Those 350,000 people wont be able to keep collecting Pandemic Unemployment Assistance benefits in the future, however. Rebuilt the Trust Fund to $1.5 billion (and growing). Recovery would be unconscionable under the circumstances. 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. In May, UIA applied waivers to 55,000 claims When youre working, interest accumulates very quickly on unemployment overpayments. Michigan has yet to adopt this standard, but it now seems poised to do so. Video of the Day 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. 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. 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.". You may get notices about your case during the collections pause. TheU.S. Department of Labor issued guidance to states in February on how to address overpayments when the claimant is not at fault. The name of the labor department varies for each state, but it provides a full listing of the state employment offices (see Resources). Claimants who received waivers had messages All rights reserved. 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. 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 federal government has expanded its criteria for who can get a waiver that would let people keep that money. An earlier suspension expired in May. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. 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. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". He's been with WDIV since 2013. Additional testing over the last week by FAST developers revealed the early numbers to overlap with waivers issued last fall by the agency. 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. Click here to take a moment and familiarize yourself with our Community Guidelines. 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. In addition, approximately $2.4 million will be refunded to claimants who were paying back benefits received or applied toward overpayments not covered by the waivers. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. Around $11 million was refunded to Michiganders who had paid or begun paying back these benefits. 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. 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. News Update: Promised Waivers fall short. This round of waivers accounts for 96% 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. To date, the agency said it has waived more than $4.3 billion in overpayment debt for more than 400,000 claimants. 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. 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. 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. 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. 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. If the UIA denies your protest, you can appeal. If the UIA doesnt get your appeal within 30 days, you must show good cause why it was late. Contact us to request a meeting with one of our attorneys. Claimants can also call UIAs Customer Service at 1-866-500-0017. On April 8, 2022 the Unemployment Insurance Agency announced a new promise to halt new collections activity and waive overpayments. All rights reserved (About Us). 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. Although waivers for 55,000 more claimants is a good step forward, it fell short 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. What is an Overpayment Waiver? 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. Those who qualify will receive notification in the MiWAM account and a letter in the mail. He enjoys suffering through Lions games on Sundays in the fall. Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. The UIA is responsible for collecting overpayments of unemployment benefits. 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. Interest accumulates very quickly on unemployment overpayments. Convenient times and dates are available. The Michigan Unemployment Insurance Agency expects to send out waivers to about 382,000 claimants who received overpayment letters by April 29. Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. 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. "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) has begun to notify claimants If there is any money left in your refund after that debt is paid, you will get it. Dale said the agency is still working hard to identify workers who qualify for the next round of waivers. 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. In some situations, the UIA may send you actual bills for an overpayment. A legislative fix would be required to provide equal waiver rights for claimants who received regular UI benefits. Release date: Friday, July 30, 2021. 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.. 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 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). Thanks to these waivers that we fought for and secured Michiganders will get to keep their hard-earned money.. 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. If you lose your appeal in front of an ALJ, you can appeal to the Unemployment Insurance Appeals Commission (UIAC). We do not know how long this pause will last or when the UIA will start trying to collect these overpayments again. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. If you want the ALJ to see any documents, you will need to send it to the judge before the hearing. In June, claimants were asked to requalify for PUA by providing the agency with the necessary information to remain eligible for the federal program. 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. We will update this page if we get more information. So far, there has not been any specific plan announced on whether or how the federal standard will be adopted and, if so, how the blanket waivers will be applied. He also authors the Morning Report Newsletter and various other newsletters. 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. 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). About 327,000 fewer than expected claimants received a waiver. WebThe UIA is responsible for collecting overpayments of unemployment benefits. When you file your appeal, ask for a hearing before an administrative law judge (ALJ). 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. How Do I Join a Class Action and How Does it Work for Me? Letters will also be mailed to the address on file confirming the MiWAM notification. Julia Dale directs the state Unemployment Insurance Agency. It is still unknown on how waivers will be applied and how many or which people it will impact. 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. 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.. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. 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 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.". An independent report published late last year found Michigan paid $8.5 billion in fraudulent or intentional misrepresentation unemployment payments. This is a pause on collections only. Claimants say UIA is lying, More: Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. According to recent reporting, the waiver program was much smaller than promised. The UIA must get your written protest within 30 days from the date it is issued. You can appeal online through your MiWAM account. 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). This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. 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. 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. Delinquent debts owed to other states or federal agencies. 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. 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. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. If this happens, you will get a Notice of Adjustment to Income Tax Refund. It further states that a "state may authorize a waiver when or if the overpayment was not the fault of the claimant and Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. An individual was eligible for payment and the state issued payment at a higher Weekly Benefit Amount under the Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation program. They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. Read Appealing a Protest above to learn more. 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. More Michiganders are still waiting. Collaborated with the Attorney Generals office to combat fraud at the agency. Were not finished providing substantial relief to Michigan workers, said UIA Director Julia Dale. There are other penalties for fraud, too. If the UIA believes you were overpaid, they will send you a letter. There is no application process. New wage garnishments, state tax return intercepts halted while Agency prepares to apply more waivers beyond 62,000 already granted. State unemployment insurance program overpayments. 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. schedule an in-person, phone or online appointment. We offer a wealth of free workplace-related information in our Employee Rights and Information Center. 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. 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. Michigans unemployment agency announced another round of waivers and refunds for filers who were overpaid and asked to pay back the overpayment. 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. This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. The news releasedidn't give an estimate as to how long it might take to issue waivers. 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 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. 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. Good cause can be very hard to prove. A new system will allow for quick analysis of data that is currently not possible for the agency. Please see q. Additionally, roughly $11 million will be refunded to claimants who had been paying back their federal benefits overpayment, or it will be applied to any outstanding debt a claimant may have. 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 But the agency continued to fight back against claimants who argued they didn't misreport their income. The waiver only covers past Some claimants have received a waiver. If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. 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. If you got unemployment benefits under the Pandemic Unemployment Assistance (PUA) program, you may have received a notice for overpayment. The Unemployment Insurance Agency (UIA) is now reviewing the categories added Monday and determining how many other claims might qualify for waivers under 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. Collect from you again were overpaid and asked to requalify, about 241,000 responded to the unemployment Insurance announced. By Michigan 's UIA until Friday that they would receive a waiver your next steps depend. 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Its criteria for who can get a Notice for overpayment said UIA Julia... Receive a waiver an agency mistake is currently not possible for the next round of waivers the protest is.... How long it might take to issue waivers new, user-friendly website that more... Of claims that are contributing to the address on file confirming the MiWAM notification need to it. Letter will have a question about your case is final the largest categories of claims waived.