Understanding Unemployment Insurance Benefits During the COVID-19 - - PowerPoint PPT Presentation

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Understanding Unemployment Insurance Benefits During the COVID-19 - - PowerPoint PPT Presentation

Jun 18, 2023 115 likes •396 views

Understanding Unemployment Insurance Benefits During the COVID-19 Pandemic Federal Unemployment Insurance Benefits Under CARES Act 4-Part CLE Series Unemployment Benefits Overview: Process, Hearings, and Appeals Tuesday, May 19, 1-2PM

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Understanding Unemployment Insurance Benefits During the COVID-19 Pandemic

Federal Unemployment Insurance Benefits Under CARES Act

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4-Part CLE Series

Unemployment Benefits Overview: Process, Hearings, and Appeals

Tuesday, May 19, 1-2PM Register in advance for this session presented by Jen Bizzotto & Dena Welden

Unemployment Appeals: Evaluating Your Client’s Denial and Considering Defenses Thursday, May 21, 9-10AM Register in advance for this session presented by Liz Groeschel & Erica Sweitzer-Beckman Telephonic Hearings: Advocating for Workers with Unemployment Claim Tuesday, May 26, 1-2PM Register in advance for this session presented by Jen Bizzotto & Dena Welden Understanding Unemployment Insurance Benefits During the COVID-19 Pandemic Thursday, May 28, 1-2PM Register in advance for this session presented by Liz Groeschel & Hal Menendez

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Outline

1.

Goals

2.

Resources

3.

New UC programs through CARES Act

4.

Pandemic Unemployment Assistance (PUA)

5.

Federal Pandemic Unemployment Compensation (FPUC)

6.

Pandemic Emergency Unemployment Compensation (PEUC)

7.

Appealing

8.

Ineligible groups

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Goals

  • Recognize new unemployment compensation-related

programs available under the CARES Act

  • Identify resources for further understanding and receiving

updates about these programs

  • Review COVID-related fact patterns and common analyses
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SLIDE 5

Resources

  • CARES Act https://www.congress.gov/116/bills/hr748/BILLS-

116hr748enr.pdf beginning on page 33

  • Department of Labor’s Unemployment Insurance

Program Letters (UIPLs) https://wdr.doleta.gov/directives/

  • National Employment Law Project

https://www.nelp.org/publications/

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Unemployment Compensation Programs under the CARES Act

○ Pandemic Unemployment Assistance (PUA) § 2102. ○ Federal Pandemic Unemployment Compensation

(FPUC) § 2104.

○ Pandemic Emergency Unemployment Compensation

(PEUC) § 2107.

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Pandemic Unemployment Assistance (PUA)

Pandemic Unemployment Assistance (PUA) is for individuals not

  • therwise eligible for UI benefits, including self-employed

individuals and contract and gig workers. § 2102. PUA runs from January 27, 2020, to December 31, 2020. PUA benefits can be retroactive. PUA is modeled on but not identical to Disaster Unemployment

  • Assistance. (20 C.F.R. Part 625).
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Who’s a gig worker? (A few examples)

Construction industry workers, like carpenters, electricians and plumbers Event-related workers, like photographers, musicians,

  • r event planners

Business service workers, like accountants and architects Drivers, like delivery drivers or passenger drivers

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Pandemic Unemployment Assistance (PUA) Eligibility

A claimant may qualify for PUA if the claimant

  • lacks employment and earnings sufficient

to qualify for UC under state law.

  • is self-employed, a freelancer, or an

independent contractor not normally eligible for UC.

  • is seeking part-time employment.
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Pandemic Unemployment Assistance (PUA) Eligibility

Further, PUA-eligible applications should be

  • Partially or fully unemployed
  • Unable to work for COVID-19-related

reasons

  • Not able to telework
  • Not receiving paid leave
  • Otherwise able and available to work

(except for COVID-19 related reasons)

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Pandemic Unemployment Assistance (PUA) & Students

Full-time students who work part time may be eligible for PUA. Students could be eligible for

  • a benefit either based on state calculations looking at last

year’s tax returns OR a minimum benefit of 50 percent of the median weekly benefit in the state; nationally, half of the median weekly benefit is $194, though it varies significantly by state;

  • an additional $600 week from April 2020 through the end of

July 2020; and

  • up to 39 weeks of benefits from January 27th to December

31, 2020

Info from the Century Foundation’s “What does pandemic unemployment insurance meanf or college students?” available at https://tcf.org/content/commentary/pandemic-unemployment- insurance-mean-college-students/?session=1

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Pandemic Unemployment assistance (PUA) – Examples of COVID-19 related reasons

Symptoms

Only claimant Only if claimant is seeking diagnosis

Diagnosis

Claimant if diagnosed Household member diagnosed and causing claimant’s inability to work Care Claimant caring for family member or household member diagnosed

Quarantine

Only claimant advised by medical professional due to possible infection/diagnos is OR compromised immune system

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Pandemic Unemployment assistance (PUA) – Examples of COVID-19 related reasons II

Employment

elimination of job job to be inaccessible closure of workplace claimant quit job

Life Circumstance / Other

Unexpected breadwinner b/c breadwinner died due to COVID- 19 HH member or child unable to attend school/facility due to closure Any other reason justified by DOL

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Notes on Applicable Rules for PUA

State UI rules apply as provided by 20 C.F.R. Part 625, to extent Part 625 does not conflict with CARES Act § 2102. Only the eligibility requirements specified in Part 625 apply (20 C.F.R. 625.11) Part 625 eligibility requires only able and available and no refusal of suitable work without good cause (20 C.F.R. 625.4 (g),(h); see also 20 C.F.R. 625.13 (b)(2) re suitable work (no threat to health, safety, morals, impracticable, inconsistent with labor standards.

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Potential PUA Legal Issues

  • At what point is ineligibility for state UI established for

purposes of PUA?

  • Able and available - standard approach ignores current

conditions (e.g., online, unscheduled education).

  • Application of inapplicable state law requirements (e.g., work

registration, re-employment orientation).

  • Misapplication of DUA rules (e.g., SSDI set-off).
  • Reasonable refusal of recall or job offer.
  • Written eligibility determination and right to appeal (20 C.F.R

625.9 & 625.10)

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Federal Pandemic Unemployment Compensation (FPUC)

FPUC pays an additional $ 600 per week to individuals who are eligible for and receiving any type of UI benefit, through July 2020. § 2104. In Wisconsin, FPUC payments began the week of April 26, 2020, and will end after July 31, 2020.

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Federal Pandemic Unemployment Compensation (FPUC) Eligibility

A claimant qualifies for FPUC if the claimant is receiving a UC payment (State UC, PUA, PEUC, EB) Note: other UC benefits are NOT offset by FPUC.

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Potential FPUC Legal Issues

  • Does partial intercept of UC benefit to recover
  • verpayment or other debt impact FPUC eligibility?
  • No more than 50% of PUC may be kept to recover
  • verpayment.
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Pandemic Emergency Unemployment Compensation (PEUC)

PEUC provides 13 additional weeks of UC benefits for individuals who have exhausted regular UC benefits. § 2107.

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Pandemic Emergency Unemployment Compensation (PEUC) Eligibility

  • State UC or PUA benefits must be exhausted.
  • Claimant must be seeking work.

PEUC benefits precede extended benefits (EB) even if EB are triggered. NOTE: The Dept. cannot decrease weeks of benefits otherwise available on January 1, 2020.

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Pandemic Emergency Unemployment Compensation (PEUC)

Sequence of Benefits

Regular State UC

1

PEUC

2

Extended benefits (if triggered & not exhausted)

3

PUA for 39 weeks

1

If eligible for State UC benefits If ineligible for State UC benefits

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Who, still, may be left out?

If your client falls into one of these categories, your client’s eligibility for these programs may be at issue.

  • International temporary workers, international students

https://www.jdsupra.com/legalnews/covid-19-unemployment-benefits-for- 37602/

  • SSDI recipients
  • Workers without legal working status
  • Farmers https://farms.extension.wisc.edu/pandemic-unemployment-

assistance-in-wisconsin-what-does-it-mean-for-farmers/

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Appealing PUA, FPUC and PEUC Decisions

Current status: we’re working on it! At Legal Action, our team of UI advocates are strategizing and researching appeal rights for determinations regarding these new benefit programs. If your client has a determination that you’re not sure how to handle (especially if it’s a pro bono client from Legal Action, Judicare, or Wisconsin Free Legal Answers), reach out.

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Q&A

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WI Free Legal Answers

  • Sign up to volunteer:

https://wi.freelegalanswers .org/Attorneys/Account/Ag reement

  • Provides malpractice

insurance for volunteer attorneys

  • Earn free CLE credit!
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SLIDE 26

Legal Action of Wisconsin, Inc.’s Volunteer Lawyer Project

  • Variety of opportunities, from full representation to
  • ne-time clinics
  • Covered by Legal Action of Wisconsin’s malpractice

insurance

  • Free CLE credit!

Contact Atty. Maggie Niebler-Brown at MNB@legalaction.org

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Contacts

  • Atty. Hal Menendez
  • Atty. Liz Groeschel

Public Benefits Priority Coordinator Managing Attorney – Green Bay Legal Action of WI, Inc. Legal Action of Wisconsin, Inc. HAM@legalaction.org EAG@legalaction.org

Maggie Niebler-Brown

Director, Volunteer Lawyers Project Legal Action of Wisconsin MNB@legalaction.org

Jeff Brown

State Bar of Wisconsin Pro Bono Program Director jbrown@wisbar.org

Unemployment Insurance CLE Credit Free Legal Answers