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, 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. We will continue to review federal UI cases to make sure everyone who qualifies for an overpayment waiver will receive one.. 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. Some Michigan residents who benefited from billions in overpaid pandemic unemployment assistance may not owe that money back after all. 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. Good cause can be very hard to prove. 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. New waiver qualifications for Michiganders who received unemployment overpayments More people could qualify for Michigan's unemployment insurance agency This federal action will allow us the time we need to evaluate claims for overpayment waivers, which we will be announcing soon.. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. 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. 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. He's been with WDIV since 2013. The Michigan UIA is facing a class-action lawsuit that claims the state unlawfully demanded pandemic aid back. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Collaborated with the Attorney Generals office to combat fraud at the agency. 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. Interest accumulates very quickly on unemployment overpayments. 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.. 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. State To date, the agency said ithas waived more than$4.3 billion in overpayment debt for more than 400,000claimants. The agency said it doesn't know exactly how many claimants received benefits in the pandemic but were later told they were overpaid benefits through no fault of their own. You can use the Guide to Legal Help to get information about finding a lawyer. They can also contact the UIA by phone at 866-500-0017 or schedule a telephone, virtual or in-person appointment with an agent. Many more have never been told why they werent paid the benefits owed, and they still just wait nearly two years later. "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. If you lose your appeal in front of an ALJ and you do not want to appeal your case again, you will need to repay the overpayment amount or ask for a waiver. This round of waivers accounts for 96% Each letter will have a due date printed on it for when the appeal is due. It has detailed information about the refund. 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. To date, more than $4.3 billion in overpayments have been waived for 400,000 Michigan unemployment recipients with likely thousands more still waiting. 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. 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. 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. 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 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 Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. The 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. Select Request Restitution Waiver for Financial Hardship and fill out the application. The federal government has expanded its criteria for who can get a waiver that would let people keep that money. The claimants provided the information and documentation required by the agency but were later told they were ineligible for the benefits they received. The agency has paid a total of $39 billion in unemployment aid to 3.5 million Michigan residents since March 2020. 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. When youre working, interest accumulates very quickly on unemployment overpayments. This is a huge weight lifted off so many Michiganders shoulders, said Governor Whitmer. 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. 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. Hopefully, the Agency will issue guidance soon. 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. To date, the agency said it has waived more than $4.3 billion in overpayment debt for more than 400,000 claimants. 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. All Rights Reserved. Awarding waivers is a cornerstone of Director Dales reform of the UIA, including chasing down bad actors who steal money from workers, striving for exemplary customer service and leading the effort to replace the Agencys decade-old computer system with a user-friendly, state-of-the-art interface for claimants and businesses. For 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." Video of the Day Readers can follow our Facebook page for developments on the UIA waiver program and the UIA class-action lawsuit. 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 $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 cant show good cause, the decision that you were overpaid will become final. Michigan paid $8.5B in fraudulent COVID unemployment claims. If you need help with the Public File, call (313) 222-0566. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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.. The agency, in its news releaseFriday, said the issue was due to "unclear instructions regarding gross earnings versus net earnings.". Under federal law, UIA had to re-evaluate PUA eligibility for individuals who selected one of the non-qualifying reasons. My top priority is to help Michigan families. Collections of overpayments made before the onset of the pandemic in March 2020 will not be suspended. The waiver only covers past 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. 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. If you don't have the documents available, you can make the protest without them. To do this, go to your MiWAM account and click on the Claimant Services Tab. 2023 Blanchard & Walker PLLC. What type of federal programs are affected? We do not know how long this pause will last or when the UIA will start trying to collect these overpayments again. A new system will allow for quick analysis of data that is currently not possible for the agency. If this happens, you can use the same Financial Hardship waiver process. There is no application process. 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. 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. Claimants also can schedule an in-person, phone or online appointment. 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. Although waivers for 55,000 more claimants is a good step forward, it fell short of the 382,000 promised and as of May 12, 2022 there is still no explanation about when or if more will be coming. If a waiver does not apply, collections will resume. (WXMI) Relief could soon be coming for Michiganders who were told they would have to pay back unemployment money. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. News Update: Promised Waivers fall short. 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.. 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. After the report came out, the Unemployment Insurance Agency (UIA) started sending some recipients letters telling them they had to repay thousands of dollars. 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 wonderful news for those who lost their job through no fault of their own, UIA Director Julia Dale said. A legislative fix would be required to provide equal waiver rights for claimants who received regular UI benefits. Convenient times and dates are available. All rights reserved (About Us). UIA has notified claimants who received waivers by posting messages to their Michigan Web Account Manager (MiWAM) accounts. Some examples of good cause include: You can protest online through your Michigan Web Account Manager (MiWAM). 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. 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. Contact us to request a meeting with one of our attorneys. Three months after the U.S. Department of Labor guidance was issued,the first group of blanket waivers went out to 55,000 claimants. 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. In some situations, the UIA may send you actual bills for an overpayment. Rebuilt the Trust Fund to $1.5 billion (and growing). Claimants can visitMichigan.gov/UIAto access their MiWAM account to chat with an agent. 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. This is a pause on collections only. 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. Read Appealing a Protest above to learn more. Delinquent debts owed to other states or federal agencies. The Michigan Unemployment Insurance Agency (UIA) announced Friday that those who wrongfully received Pandemic Unemployment Assistance (PUA) benefits will be The Unemployment Insurance Agency (UIA) has begun to notify claimants 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 UIA waived the repayment of more than $53.2 million in benefits that were received by claimants, providing much needed relief for Michiganders. 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 Unfortunately, the new guidance from the DOL applies only to CARES Act funded benefits (PUA, FPUC, MEUC, PEUC). Julia Dale directs the state Unemployment Insurance Agency. Use the Guide to Legal Help to find a legal services office near you. 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 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. Three months after the U.S. Department of Labor guidance was issued, the first group of blanket waivers went out to 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. Once you have logged into your account, click on the "Determination Status" tab, and then click on "file an appeal.". Screenshots from some who received benefitsand instructionalvideos posted by the agencyshow itactually hadasked fortotalpay, not net pay. Ask the UIA to issue a determination to tell you if the overpayment is the result of the UIAs error. In June, claimants were asked to requalify for PUA by providing the agency with the necessary information to remain eligible for the federal program. Claimants who receive waivers were sent a message in their Michigan Web Account Manager (MiWAM) online accounts. If you were overpaid benefits and you are currently employed, contact the UIA Benefit Overpayment 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. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Claimants can also call UIAs Customer Service at 1-866-500-0017. 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