Although waivers for 55,000 more claimants is a good step forward, it fell short The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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. 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It has detailed information about the refund. There is no application process. It further states that a "state may authorize a waiver when or if the overpayment was not the fault of the claimant and The Unemployment Insurance Agency (UIA) has begun to notify claimants who are no longer eligible to receive Pandemic Unemployment Assistance(PUA) benefits that overpayments will be waived. The UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. The Unemployment Insurance Agency (UIA) has begun to notify claimants Michigan paid $8.5B in fraudulent COVID unemployment claims. Previously, a February 7, 2022 press announcement, the Governor and Unemployment Agency Director Julia Dale announced that the States Unemployment Agency intends to act quickly to halt collections and issue overpayment waivers. 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. 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 federal government has expanded its criteria for who can get a waiver that would let people keep that money. A legislative fix would be required to provide equal waiver rights for claimants who received regular UI benefits. If a waiver does not apply, collections will resume. WebThe UIA is responsible for collecting overpayments of unemployment benefits. 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. Ken Haddad is the digital content and audience manager for WDIV / ClickOnDetroit.com. 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. 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. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Over the past three months, we have waived more than $484.2 million on 62,300 claims. You may want to repay the overpayment as quickly as possible. If the UIA tries to collect from you during the pause, you can try contacting the UIA's Benefit Overpayment Collection unit at 1-866-500-0017. The 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 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. If you have a question about your PUA overpayments, you may be able to get help from the Counsel and Advocacy Law Line. 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. 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. Rebuilt the Trust Fund to $1.5 billion (and growing). If the UIA later decides that you still owe the overpayment, they might start trying to collect from you again. instructionalvideos posted by the agency, Michigan Unemployment agency says claimants made big mistake. An independent report published late last year found Michigan paid $8.5 billion in fraudulent or intentional misrepresentation unemployment payments. Copyright 2023 ClickOnDetroit.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. 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. You can use the Guide to Legal Help to get information about finding a lawyer. 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. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. Hopefully, the Agency will issue guidance soon. Read Appealing a Protest above to learn more. Contact Adrienne Roberts: amroberts@freepress.com. 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 Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Dale announced last week waivers on approximately 7,300 overpayment claims that waived $53.2 million in repayments. 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Contact Adrienne Roberts: amroberts@freepress.com. 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. We are aware that there are issues related to gross versus net income calculations on Pandemic Unemployment Assistance weekly benefit amounts, Dale said. Michigans unemployment agency announced another round of waivers and refunds for filers who were overpaid and asked to pay back the overpayment. More rounds of waivers expected, offering relief to workers. 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. 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. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. 2023 Advance Local Media LLC. 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. Some claimants have received a waiver. Convenient times and dates are available. In June, claimants were asked to requalify for PUA by providing the agency with the necessary information to remain eligible for the federal program. 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. Convenient times and dates are available. UIA: Misrepresentation must be investigated when a claimant provides information that conflicts with information the agency possesses. This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. 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. More: Michigan Unemployment agency says claimants made big mistake. 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. State and last updated 7:40 PM, Feb 07, 2022. The waiver only covers past Thanks to these waivers that we fought for and secured Michiganders will get to keep their hard-earned money.. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file a protest.". To date, the agency said it has waived more than $4.3 billion in overpayment debt for more than 400,000 claimants. To do this, go to your MiWAM account and click on the Claimant Services Tab. 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. 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. And in February, the U.S. Department of Labor allowed Michigan to issue more blanket waivers for the remaining overpayments. 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. Letters will also be mailed in the coming days confirming the MiWAM notification. Although Michigan has yet to adopt the federal waiver standard, the UIA seems poised to do so in light of the new guidance. Michigan ice If there is any money left in your refund after that debt is paid, you will get it. 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. 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. 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. 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. Letters will also be mailed to the address on file confirming the MiWAM notification. Each letter will have a due date printed on it for when the appeal is due. Were not finished providing substantial relief to Michigan workers, said UIA Director Julia Dale. When youre working, interest accumulates very quickly on unemployment overpayments. 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 Michigan Unemployment Insurance Agency (UIA) announced today that it has issued another round of waivers to approximately 7,300 state and federal COVID-19 Reassigned staff and resources to address the largest categories of claims that are contributing to the agencys case backlog. Check your MiWAM account once a week to make sure you do not miss any updates. 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. 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. 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). LANSING, MI More Michiganders who asked to repay their pandemic jobless aid will soon have their overpayments erased. Built a new, user-friendly website that is more responsive to those using a mobile phone or tablet to access services. Collections of overpayments made before the onset of the pandemic in March 2020 will not be suspended. We will update this page if we get more information. 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. If your protests were filed on time, the UIA is not allowed to collect money before your case is final. 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. All rights reserved (About Us). 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. 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. Julia Dale directs the state Unemployment Insurance Agency. Claimants say UIA is lying, Attorney for jobless claimants asks judge to stop Michigan from garnishing their wages, Your California Privacy Rights/Privacy Policy. Related: Michigan erases $431M in pandemic unemployment overpayments. 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 web Browser you are currently using is unsupported, and some features of this site may not work as intended. Select a county above for resources near you, Helping Michigan residents solve their legal problems, Are You Being Evicted? Affected claimants will receive notification in their MiWAM account, or by U.S. mail. 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. 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. WebThe 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. There are other penalties for fraud, too. The announcement came in the wake of allegations of unconstitutional overpayment collection notices sent out to thousands of Michigan residents. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". 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. 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. How Do I Join a Class Action and How Does it Work for Me? 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. At every turn, I will stand up and fight on behalf of Michiganders to make sure they get what they were promised. Convenient times and dates are available. News Update: Promised Waivers fall short. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. But the agency continued to fight back against claimants who argued they didn't misreport their income. All rights reserved. Some Michigan residents who benefited from billions in overpaid pandemic unemployment assistance may not owe that money back after all. This most recent round of waivers provides relief to Michiganders who, during the height of the pandemic, followed the rules as they navigated an overburdened unemployment benefits system. 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". 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. The Unemployment Insurance Agency (UIA) is now reviewing the categories added Monday and determining how many other claims might qualify for waivers under 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. Claimants can also call UIAs Customer Service at 1-866-500-0017. Each letter will have a due date printed on your determination for when the protest is due. UIA has notified claimants who received waivers by posting messages to their Michigan Web Account Manager (MiWAM) accounts. If you cant show good cause, the decision that you were overpaid will become final. What is an Overpayment Waiver? Community Rules apply to all content you upload or otherwise submit to this site. 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 name of the labor department varies for each state, but it provides a full listing of the state employment offices (see Resources). 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. Issuing waivers is a cornerstone of Director Dales reform of the UIA. 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. If you become unemployed and get unemployment benefits while you still owe an overpayment, 50 percent (or 100 percent if fraud was involved in the original overpayment) of your weekly unemployment benefit payment will be taken for repayment. A motion for preliminary injunction to suspend collections on these overpayments is currently being considered by Michigan Court of Appeals Judge Brock Swartzle. The Michigan Unemployment Insurance Agency expects to send out waivers to about 382,000 claimants who received overpayment letters by April 29. Those who qualify will receive notification in the MiWAM account and a letter in the mail. The number of claimants receiving waivers this weekend is lower than the conditional number UIA Director Dale provided in recent testimony. 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. 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 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.. Claimants can also call UIAs Customer Service at 1-866-500-0017. 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.". 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. Boards, Commissions & Councils collapsed link, Michigan Economic Development Corporation, Michigan Occupational Safety and Health Administration, Michigan State Housing Development Authority, Commission on Middle Eastern American Affairs, Michigan Asian Pacific American Affairs Commission, Michigan Council for Rehabilitation Services, MiSTEM Advisory Council and MiSTEM Network, Workers' Disability Compensation Appeals Commission, https://dev.michigan.local/som/json?sc_device=json, Eligible Unemployment Claimants Granted Overpayment Waivers, Go to Bureau of Services for Blind Persons, Go to Michigan Career & Technical Institute, Go to Michigan Economic Development Corporation, Go to Michigan High-Speed Internet Office, Go to Michigan Occupational Safety and Health Administration, Go to Michigan State Housing Development Authority, Go to Office of Mobility and Electrification, Requests for Proposals and Qualifications, Go to Workers' Disability Compensation Agency, Go to Michigan Employment Relations Commission, Go to Commission on Middle Eastern American Affairs, Go to Hispanic/Latino Commission of Michigan, Go to Michigan Asian Pacific American Affairs Commission, Go to Michigan Community Service Commission, Go to Michigan Council on Future Mobility, Go to Michigan Council for Rehabilitation Services, Go to Michigan Workforce Development Board, Go to MiSTEM Advisory Council and MiSTEM Network, Go to Unemployment Insurance Appeals Commission, Go to Workers' Disability Compensation Appeals Commission. 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. Because those programs were federally funded, the UIA is required to actively collect overpayments, unless specific suspensions are obtained from the federal government. Of the roughly 690,000 claimants that were asked to requalify, about 241,000 responded to the UIA's request. 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 announcement came days after the Detroit Free Press reported some workers with overpayment notices were accused of misreporting their income. 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. The refund might not mean that the case is over. This is a free legal aid hotline. 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. 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. 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. 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. UIA will continue to review all overpayment claims to see how many more may be eligible for waivers. Your next steps will depend on whether you agree or disagree with the UIAs determination letter. If you run into problems, you may want to try to contact a lawyer. Claims determined to be fraudulent or being investigated for fraud. 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. The U.S. DOL authorized a pause on certain collection activity through May 7, 2022. 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. To find out if they can help you, apply online or call 1-888-783-8190 Monday - Thursday, 9am - 5pm, or Friday, 9am - 1pm. It is still unknown on how waivers will be applied and how many or which people it will impact. The appeal process and deadlines are still the same. This means the UIA should stop sending collection letters or doing anything else to make people pay these overpayments. 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. If you find supporting documents later on, you can add them. You may get notices about your case during the collections pause. , you may want to repay their pandemic jobless aid will soon have overpayments! Fraudulent or intentional misrepresentation unemployment payments mean that the case is over to $ billion... 1-800-638-6372 to arrange repayment to tell you if the overpayment, they start. If we get more information michigan unemployment overpayment waiver amounts, Dale said you cant show good cause the. That would let people keep that money back after all authorized a pause on certain collection through... To arrange repayment were filed on time, the UIA seems poised to do this, go to MiWAM. 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