UNEMPLOYMENT PRO BONO

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UNEMPLOYMENT PRO BONO

Information for attorneys on the New York Pro Bono Project

Aly Luftig

Video Answers to Questions

Sample Information to Send Clients

Resources From NYSBA (webinars etc)

NYSBA / Gov / DOL Liaison

Information from Chief of Staff of an Upstate Senator

Fact Sheets & Info From DOL

LWA Fact Sheets

2021 Updates

DISCLAIMER: This is a compilation of resources including questions, answers, and information from the NYSBA pro bono initiative, legal research/ statutory law, and some other social media pages where people discuss common issues they’re facing with unemployment insurance. Please do not rely definitively on anything I have put in here without looking into it further, and please do not consider this legal advice.

2021 DOL Updates

includes extension of PUA and PEUC

Partial Unemployment New Rule- Governor Cuomo’s new executive order which will change the reporting process to account for HOURS worked.

See 2021 updates subpage for detailed information about all of this!

Updated PUA Minimum Amount

The previous minimum amounts of $172 and $182 have been raised to $187 as of July 2020.

Liaison Program

** IMPORTANT** ーAS OF TODAY, January 20, 2021, I’m unsure how much contact we still have and will update after a call with the DOL tomorrow.**

We have established a line of communication between the NYSBA unemployment pro bono attorneys and Governor Cuomo’s office! Please see the “NYSBA / Gov / DOL Liaison” page for details on passing along pressing / unique issues for more direct and specific solutions for clients. So far this has been a huge help.

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Click here for information on the liaison procedure.⁠

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LWA NEW INFO as of September 11, 2020 regarding the Lost Work Assistance (LWA) program for New York

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Click this link for the LWA fact sheet subpage⁠

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And/or see the below text!

NYS Department of Labor Announces $300 Lost Wages Assistance Payments Will Begin Next Week

Roughly 2 Million New Yorkers are Pre-Qualified for Lost Wages Assistance and will Receive Payments Next Week

Approximately 435,000 New Yorkers Must Submit an Additional Certification to Qualify — Certification System Launches on Sept. 11, Payments Begin on a Rolling Basis Next Week (From 9/11/2020)

Actions DOL is taking to inform claimants who are eligible:

taking proactive steps to communicate directly with all 2.4 million claimants tomorrow, including:

Sending emails and text messages to all 2 million New Yorkers who are pre-qualified, informing them of their qualification and that they do not need to take any additional actions to receive the LWA benefits.

Sending emails to the ~435,000 who need to certify with the DocuSign document to certify for the LWA program.

New York has Paid $43.7 Billion in Benefits During Pandemic Emergency, Representing Over 20 Typical Years’ Worth of Benefits in Just Six Months. Expand arrow below for more info including who is eligible automatically, who may be eligible but needs to take further action, how long the benefits should last/ to how much claimants may be entitled and more!

Expand arrow for detailed information

Approximately 435,000 New Yorkers Must Submit an Additional Certification to Qualify — Certification System Launches on Sept. 11, Payments Begin on a Rolling Basis Next Week

The New York State Department of Labor today announced that payments for the Lost Wages Assistance (LWA) program, which provides an additional $300 in weekly benefits to unemployed New Yorkers, will begin next week. Up to 2.4 million New Yorkers are eligible for the program, including 435,000 who must submit an additional certification to qualify.

During the pandemic emergency, New York State has paid $43.7 billion in unemployment benefits to 3.5 million New Yorkers, representing over 20 typical years’ worth of benefits paid in just six months.

“Throughout this crisis, states’ unemployment systems have been pushed to the limit and constantly-changing federal guidance — including this haphazard Presidential executive order — have only delayed our efforts to get benefits to New Yorkers in need. But we have worked day and night to stand up this program, and millions of New Yorkers will see payments next week,” Commissioner Roberta Reardon said. “We are emailing all New Yorkers who are receiving benefits to inform them of their status and, if needed, provide information about certifying for the Lost Wages Assistance program. All New Yorkers should keep an eye out for these messages and, if an additional certification is required, respond immediately.”

The Federal Emergency Management Agency (FEMA) has released funding for the first three weeks of LWA benefits to New York State, covering the benefit weeks ending August 2nd, August 9th, and August 16th. The DOL estimates that up to 2.4 million New Yorkers may be eligible for the benefits from those weeks, including recipients of both traditional unemployment insurance (UI) and Pandemic Unemployment Assistance (PUA). Approximately 2 million New Yorkers are pre-qualified and will receive payments starting next week. The remainder — roughly 435,000 New Yorkers — must submit an additional certification to qualify.

Of the estimated 2.4 million New Yorkers who may be eligible: (CLICK ARROW TO EXPAND!!)

Approximately 2 million are already qualified for the LWA program because they indicated on their initial benefit application that their unemployment was connected to the COVID-19 pandemic. These claimants: **CLICK ARROW TO EXPAND**

Do not need to take any further action;

Will receive LWA payments starting next week; and

Will receive an email and text message from DOL informing them they have pre-qualified for LWA.

Roughly 435,000 need to submit an additional certification confirming that their unemployment is related to COVID-19 to qualify for LWA benefits, as required by the federal government. These claimants: (CLICK ARROW TO EXPAND!!)

Can certify starting Friday, September 11th either online or via phone:

Online: claimants will receive a secure DocuSign email from the DOL on September 11th, with a link to certify for LWA benefits

Phone: claimants can call

833-491-0632⁠

to certify via an automated phone system

Will receive payments starting next week if their certification is submitted by 5pm on September 15th — after that, payments will be released on a rolling basis.

Eligible New Yorkers will receive LWA payments of $300 per week for the weeks ending August 2nd, 9th, and 16th. Under federal rules, New York State may be eligible for additional weeks of LWA funding.

According to FEMA, funding for the LWA program will continue until any of the following occur: (CLICK ARROW TO EXPAND!!)

1. The federal Disaster Relief Fund balance falls below $25 billion

2. The $44 billion set aside for the LWA program is depleted;

3. Congress enacts a replacement unemployment relief program; OR

4. If none of the above scenarios occur before December 27, 2020, funding will terminate on that date.

Fact Sheets and New Information from the DOL

Representatives from the DOL provided us with updated fact sheets and some new information. This can be found on the “DOL Fact Sheet” subpage.

Topics Covered on the fact sheets include:

returning to work

general UI and PUA claims (FAQ)

determining the status of claims

Keybank debit cards

forfeit days and offsets

communications from the DOL.

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Click here for the fact sheets and information from the DOL⁠

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Please continue checking back, as I am making frequent updates as I acquire more helpful information.

EXTRA RESOURCES

Be sure to visit the informative subpages which contain further helpful resources and will be updated periodically to include new information.

1) An employment attorney and friend of mine, Vincent White, graciously created Youtube videos to answer some of our initial questions. Please contact me if you have a particular topic you'd like him to discuss, as he has generously agreed to address issues we may encounter going forward.

2): A member of the volunteer group spoke with the chief of staff of a senator in upstate NY and I included it on a subpage.

**Additional resources are being added regularly and links to all subpages can be found at the top of the page.**

Here are the links:

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Video Answers to Questions⁠

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Information from Chief of Staff of an Upstate Senator⁠

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Unemployment: Initial FAQ

**FOR ANY AREA THAT INDICATES THERE'S AN ANSWER OR INFORMATION THAT APPEARS BLANK, MAKE SURE TO CLICK THE ARROW WHICH FUNCTIONS TO EXPAND/COLLAPSE**

My client successfully applied X weeks ago and hasn't heard back. What should I advise?

Answer

Do:

Have Patience. DOL is getting through their backlog. (See twitter)

Have you checked your mail? The mail is really important.

Have you been answering your phone? UI will call from a "private number" (make sure not to ignore it!). Answer your phone! Yes, they call on Sundays, so answer your phone!

Has your employer received their notice of claims? (Obviously only works if your employer is still working and available.)

Possibly contacting state legislators.

Don't:

keep calling DOL.

call DOL on client's behalf.

apply again/repeatedly.

2. My client made a mistake on the application. What should I advise?

Answers (Click arrow for two options)

Client should use the UI app's messaging system - this may result in a suggestion to call. Unfortunately, this seems to be the scenario in which calling is necessary.

Alternative: Send a letter to the NYSDOL at :NYS Department of Labor, PO BOX 15130, Albany, NY 12212-5130

3. My client applied for both PUA and UI (before app was streamlined) and hasn't heard back.

Answer

I think this is in the patience category as well. These will be more difficult for UI staff to sort and I expect they will take some time on these confused applications.

4. My client was denied and I need to request a hearing.

Answer

Let or help the client apply for themselves and you can help with the hearing when it happens. The NYSDOL notice of decision has a form on the back for requesting a hearing.

5. My client used to work in NY and moved elsewhere and didn't start working in the new state before The Closing started. What do I advise?

Answer

Apply in NY.

6. My client used to work in NY, moved elsewhere, started a new job and then The Closing started. What do I advise?

Answer

Apply in new state.

7. My client is self-employed -

The answers are in the text of the CARES Act, the regulations), and in the Disaster Unemployment Assistance program law & regulationss.

Useful links and resources:

NYS UI Claimants Handbook. Literally the most useful item for newbies to UI (PDF). (click the arrow below)

CLICK ON THE ARROW TO LOAD THE PDF "Unemployment Insurance A Bridge to Your Next Career (it's so long it's easier for the page to load this way)

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CARES Act Information

CLICK ON THE ARROW TO LOAD THE PDF (it's 331 pages so this is for site functionality)

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Employment and Training Administration Advisory System (PDF)

CLICK ON THE ARROW TO LOAD THE PDF

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This link can't be embedded.⁠

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Disaster Unemployment Assistance quick reference/ Fact Sheet (DUA is what PUA is based on) (PDF)

CLICK ON THE ARROW TO LOAD THE PDF

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DUA law

https://www.govinfo.gov/content/pkg/USCODE-2011-title42/html/USCODE-2011-title42-chap68-subchapIV-sec5177.htm⁠

DOL info

On the issues concerning forfeiture and related issues, this link will take you to Appeals Board decisions that may help the pro bono client,

labor.ny.gov/ui/aso/Section_1500.htm⁠

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**Please note the above forfeiture information applies to BEFORE May 13, 2020.

On the issues of Good Cause, voluntary v. involuntary separation from employment, these cases have been very helpful,

labor.ny.gov/ui/aso/Section_1600.htm⁠

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The End of $600 FPUC Payments+ UI and PUA extension- DOL announcement

Under current federal guidelines, this is the last benefit week for $600 FPUC payments in New York.

When you submit your weekly certification between Sunday 7/26 & Saturday 8/1, you will be certifying for your final week of FPUC.

This may change if Congress takes action to extend Americans' unemployment benefits.

We will provide all updates on our website and social media. Please do not call our call centers to inquire about FPUC extensions, so those who need assistance with their claims can get through.

In addition, we announced last week that UI & PUA had been extended:

➡️ Traditional Unemployment Insurance (UI) benefits are now extended for up to 59 weeks

➡️ Pandemic Unemployment Assistance (PUA) benefits are now extended for up to 46 weeks

More information on these extensions: https://on.ny.gov/peuceb

To continue receiving your UI or PUA benefits, continue to certify every week. There is no need to reapply or contact the NYS DOL, unless your benefit year has expired.

Certify online at http://labor.ny.gov/signin or by calling 1-888-581-5812 (for UI) or 1-833-324-0366 (for PUA).

Extended Benefits and PEUC info

UPDATE: The Extended Benefits (EB) program is now in effect in NYS.

Thanks to the Pandemic Emergency Unemployment Compensation (PEUC) & EB programs, New Yorkers receiving traditional UI are now eligible for up to 59 weeks of benefits – up from 26 weeks before the pandemic. Details: https://on.ny.gov/peuceb

In addition, under federal law, those receiving Pandemic Unemployment Assistance (PUA) are now eligible for up to 46 weeks of benefits in NYS – up from the original 39 weeks.

More information:

–To be eligible for EB, you must first exhaust all 26 weeks of traditional UI and all 13 weeks of PEUC benefits and continue to be unemployed.

–Alternatively, if your benefit year for UI expired after July 1, 2019, and you received 13 weeks of PEUC, you may be eligible for EB.

–New Yorkers who qualify for these programs do not have to reapply – just continue to certify weekly.

–If your benefit year has expired, you must file a new claim. The system will advise you if you are in this situation.

*A fact sheet on EB and PEUC will be added by tomorrow (July 26 2020)

Forfeit Day Penalties

*also see the “Fact Sheets & Info from the DOL” subpage for information on this subject.

May 13 Press release suspension of forfeiture day penalties

Direct link to NYSDOL Press Release:

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https://labor.ny.gov/pressreleases/2020/may-13-2020.shtm⁠

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*** NEW: 📢 The DOL announced emergency measures to ensure unemployed New Yorkers who have been assessed forfeiture day penalties will receive benefits during the COVID19 pandemic. on.ny.gov/2Wv18Aa ***

Unemployed NYers with only forfeiture days on their accounts will immediately begin receiving $600 weekly FPUC payments, including back pay through the program's launch on April 5. They will also begin receiving UI or PUA benefits they would otherwise be eligible for in ~2 weeks.

Relevant content / info of announcement (click arrow to expand)

Department of Labor announced emergency measures to ensure unemployed New Yorkers who have been assessed forfeiture day penalties will receive benefits during the COVID-19 pandemic. These actions, which suspend forfeiture days for the duration of the pandemic emergency, will allow more unemployed New Yorkers to receive financial support during this unprecedented crisis.

The Department of Labor is announcing emergency actions to provide relief for New Yorkers who have been assessed “forfeiture day” penalties, which, under Federal and New York State law, prevent individuals who knowingly claimed more unemployment benefits than they are eligible for from receiving future benefits for a specified number of days. For every four forfeiture days someone is assessed, that person must forfeit a week of future unemployment benefits.

Recognizing that many New Yorkers currently unemployed because of the COVID-19 pandemic lost their jobs through no fault of their own and have limited options to find employment, the Department of Labor is providing immediate relief by suspending forfeiture days during the pandemic emergency. This will help more New Yorkers receive the financial support they need during this crisis.

Unemployed New Yorkers with forfeiture days on their accounts have already begun receiving the $600 weekly Federal Pandemic Unemployment Compensation payments. In addition, individuals with forfeiture days will now receive the traditional unemployment insurance (UI) or Pandemic Unemployment Assistance (PUA) benefits they would otherwise be eligible for. These payments will begin in approximately two weeks and will include back pay through [May 13, 2020]. Those with other flags on their accounts, including child support payments and offset payments to reimburse the state for benefits they improperly received, will see payments reduced to continue to re-pay amounts owed.

Before the May 13 press release (info applies prior to May 13)

Question 1

I have a situation in which a claimant has been denied benefits on the ground that he has not exhausted his forfeit day penalties and therefore also is ineligible for the $600/week CARES benefit. I understand that there has been legislation introduced in the State Senate (S8275) and Assembly (A10348) to suspend penalties during the pandemic, to allow people to receive UI benefits for a period of time, but I do not know the status of these bills. I also understand that the DOL itself is considering making modifications. Apparently, there are online discussion groups addressing this dilemma and at least one organization, called the Workers Defense League, that has weighed in. I have not seen anything regarding outcomes on any of this, however.

Calculation of forfeit days (info applies to before the May 13 press release)

Question 2

- My immediate question is whether anyone knows how "forfeit days" are calculated? I appears that these are imposed when applicants have provided inaccurate information in prior applications, and are imposed in addition to requiring repayment of benefits and assessment of monetary fines. But as best as I can tell, the actual number of forfeit days imposed is up to the investigator that handled the matter. In the case I am addressing, the number is 72 forfeit days, which seems like a lot. Does anyone know whether there are any guidelines that the Department of Labor is supposed to follow for setting the number of forfeit days? Or, can anyone suggest someone who might have experience with this issue and would be willing to advise? Thanks very much.

Pandemic unemployment compensation and unemployment insurance - issues related to forfeiture and overpayment BEFORE THE MAY 13 PRESS RELEASE

Question 1

One of my clients is in the following circumstance and I am not quite sure how best to guide him, as I am still familiarizing myself with how the Pandemic Unemployment Compensation mechanism works.

My client applied for UI and was approved ~5 weeks ago. Unfortunately, he was slapped with a forfeiture penalty, as the state claims he was previously overpaid. While my client has made his peace with this assessment, his chief concern is that he has yet to receive any funds in accordance with Pandemic Unemployment Compensation, which he believes he is entitled to, given that he's been approved for UI and was merely assessed a penalty for state benefits.

Answer (Pre- May 13 press release) : I would write to the DOL on his behalf and request PUA immediately.

Question 2

In 2019 my client began receiving UI benefits (July -November). At some point, she was overpaid and told she would have to repay the amount overpaid along with a penalty. Although she entered into a payment plan she failed to make any payments to NYS. It's still unclear as to whether she stopped receiving her benefits because of this overpayment. In March of this year, she worked for two days for a temporary agency, became ill, and was told not to return to the agency until she was well. In April, she filed for unemployment and attempted to collect on her remaining 44 days of benefits. To date, she has not received a UI check.

Are clients not receiving benefits because of a previous overpayment and penalty? I've advised her to continue certifying and contact DOL, but like most others, she's been unable to reach anyone

Answer: **APPLIES TO BEFORE THE MAY 13 PRESS RELEASE**

Here is the DOL's FAQ on over payments and penalties/forfeit days:

labor.ny.gov/ui/claimantinfo/...⁠

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If she has over payments and penalties, she likely has been dinged with forfeit days.

Follow up Question about the above:

I did see that she would be required to forfeit some days. Her overpayment amount is $169 and her penalty is $100, which means that her first two weeks of benefits would have been used to repay NYS. At this point, if I'm reading the FAQ's correctly, it would seem she should be paid up and once again able to receive benefits.

I have not come across anything that shows movement on the pending legislation to waive forfeit days

Answer **applies to BEFORE THE MAY 13 press release**

If she was approved but has forfeit days, that is indicated in a chart like form with the benefit amounts, the amount of forfeit days, and the amount of benefits remaining. This information is located on the weekly notice of benefits the claimant receives from NYSDOL.

Debts ie) child support / Forfeit Days Applies to BEFORE THE MAY 13 PRESS RELEASE (click on arrow to expand)

Info: (Click arrow to expand)

NYC Legal Aid staff reported that the NYS DOL is currently requiring applicants to pay back past debts before receiving regular UI AND taking half, $300, of the $600 per week extra FPUC. As of July 2020 it is confirmed that deductions like these have been made from claimants who owe child support (50% deductions from the federal $600 payments along with higher deductions from regular UI and PUA payments.

Benefit hearings restarted in May 2020, though there is a backlog of thousands of cases. Claimants appealing a DOL determination cannot receive benefits until an ALJ rules on the case. The recommendation for clients is to keep certifying for benefits each week; same for people who haven't received a determination yet.

Bank card with 0

Question

Just got finished talking with my client and he mentioned something about getting a bank card in the mail with 0 balance on it in relation to the pandemic. Has anyone else had a similar experience? If so, what are the next steps?

Answer

Generally the claimant has to call Key Bank to activate the card – did your client already do that?

www.labor.ny.gov/debitcard/faq.shtm⁠

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After you

file an Unemployment Insurance claim⁠

with the Department of Labor, you should receive your debit card in the third week of your claim. If there are any issues on your claim, it may take longer.

For security reasons, you will receive your debit card in a plain white envelope. Please watch for it in the mail. Do not throw it away (even if you sign up for direct deposit).

When you receive your card, call KeyBank Customer Service at (866) 295-2955 to activate it.

Card came with 0; person is eligible for UI as well then got one time payment of $600 but still no UI

Question

OK this is my situation I got one of those key 2 benefit cards sent to me when I looked online two days ago there was a zero balance! I woke up this morning it was $600 but I’m confused my claim has been valid since March 9, 2020 shouldn't I be getting all that back pay plus my weekly benefit rate plus the 600 a week????

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Answer (Click arrow to expand )

See above--must contact Key Bank to activate payments. I watched a news reporter do a question and answer thing with unemployment and she said that the people who randomly got $600 got it as money to hold you over. It wasn’t your unemployment payment or the extra $600. They possibly didn’t even get your claim done yet. But the reporter said that it’s good news because they have your information and they’ll be getting you your money shortly.

Hearings

Can anyone verify if the hearings are being held? My assignment had been awaiting unemployment benefits prior to the pandemic closures, was denied and had a hearing date of March 17, 2020, which was cancelled. She has not been able to get the hearing rescheduled yet. Is anyone aware of a way to get an expedited hearing at this point?

Thank you.

Answer: As of now hearings are being held via telephone conferences; before May 18th no hearings were taking place. There is still a backlog due to the initial delay in restarting hearings, so the process may not be as quick as usual. Generally only a few days notice is provided when claimants learn their hearing dates, so it is advantageous to prepare in advance accordingly.

Mistakes on application (ready/willing, SSN)

NOTE: check the video subpage for more information on this subject. There is also a video regarding the use of affidavits when fighting for unemployment.

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Ready/willing/able

Question

The client submitted her online application for unemployment compensation and mistakenly represented that she was not able and willing to work. She misunderstood the question. Apparently, the DOL subsequently revised the website to clarify that the question should be answered "yes" notwithstanding that work in the field is nonessential during the pandemic. The client was denied benefits and demanded a hearing. Is there a mechanism for revising her application for benefits? Thanks for any assistance.

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Newer answer :

anyone experiencing this should consider participating in the liaison program referenced above to expedite the process of resolving this type of issue. Otherwise see additional answers / info below.

Answer

This has been a huge problem. I've spoken with at least 10 people (not NYSBA pro bono related) who have answered this question wrong thinking that since their place of business is closed they aren't ready able and willing to work.

It's a poorly worded question on the application that is meant to weed out people who should apply for disability benefits not unemployment benefits.

I don't think there is anyway to amend the application through the DOL's website. I **think** you can try and do it over the phone talking to a UI specialist. But as you may be aware, calling the DOL right now is an hours long wait and people are using robo-dialers to constantly call 5,000 times per day.

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QUICKER WAYS TO CORRECT AN APPLICATION?

Question

I saw an earlier post that short of calling the Claims Center (who is not answering the phone), the only way to make a correction to a UI application is to send a correction request letter to Albany. Before I draft that letter, I just want to confirm there is not quicker way.

I have a client who was denied 7 weeks ago because she answered "yes" to the telework question, thinking the unemployment office was offering her a job. She has tried calling the Claims Center multiple times a day for weeks now with no luck. She also tried messaging them on Facebook.

Follow up q re: mistakes on applications for PUA

Would the process be the same for an error on the PUA?

Also, if a client is able to reapply for normal UI, and then is again denied, will that restart the process for applying for PUA? I'm just wondering if that process would be quicker than trying to get someone on the phone or wait for a message to correct an application.

Answer :

The process for correcting PUA mistakes seems similar although the DOL has updated the website and phone system to better serve the separate types of claims. Additionally, please consider using the above referenced liaison process to expedite unresolved claims.

Incorrect SSN entered by employer

Question

I also have a situation in which there was an error in the claimant's application (the employer put the wrong Social Security number on the claimant's W-2), resulting in the denial of benefits. Does anyone know whether there is a mechanism for requesting correction of simple errors of this kind and for following up on the resolution of the problem without filing a request for a hearing and waiting for a hearing to be conducted and decided?

Answer 1

If the claimant doesn't have the card he/she can request one from the SSA. Also his former employer if willing should issue a corrected W-2.

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Answer 2

There's no mechanism to do it online, which is absurd. Once the application is submitted, there is no way to revise it.

I think it can be done by talking to a specialist over the phone who can change it manually, they may ask for a SS card to be faxed or emailed to them through the portal.

Calling the DOL right now is nothing short of a nightmare. People wait on hold for hours and use auto dialers to call up to 5,000 times per day to try and reach someone.

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Answer 3

Calling governor office first

I have seen people report that calling the Governor's office first and then they get connected to a claims specialist that way.

A great resource for information for seeing what people are dealing with, as depressing as it is, is the Facebook group HELP US - NYS Unemployment Issues.

As practitioners, we can learn a lot from seeing what other people post about their experience with the DOL.

It's been getting a little bit better lately with some PUA applicants finally getting money but there are still hoards and hoards of people in pending purgatory for 7 weeks

Required to send more information

Proof of authorization to work in USA

I have been out of work since March 14th. After a week of trying to fill out claim forms I was able to do it. It was accepted but keeps telling me it's pending. Last week i received the $600.00 but this week I didn't get it.

I received a letter in the mail that they need documentation of authorization the work in the U.S.A. They gave me a list of things that are acceptable proof of employment authorization. Some of them are

Certificate of U.S Citizenship (INS Form N560,Certificate of Naturalization INS form 550, permanent or temporary resident card, and a whole lot more.

I do not have anything that they are asking me for because I was born in the U.S. and have never left this country.

I sent them a letter with my birth certificate, my marriage license, driving license and my social security cards, one in my maiden name and one in my married name.

Has anyone else had a problem like this?

Answer: in the particular situation above, it appears that likely the claimant was asked for that information in error. This could likely be rectified with a conversation with a DOL agent.

**In general when the DOL requests further information, claimants should send it immediately with a return receipt requested and get in contact with the DOL if they’re unclear or don’t have any of the items requested to avoid issues with their claims.**

Questions about clients with incomplete claims who can’t reach claims office

Question:

Does anyone have a client who completed and submitted their claim and got a note back stating that their claim is not complete and to call the Claims office--and of course no one answers after multiple tries! Any advice how to move this claim forward?

Info on changes to the DOL phone system

Newer Answer: We have been advised by our contacts at the DOL that wait-times should no longer generally be this long and are usually 5-10 minutes (although claimants still sometimes report long wait times). Additionally, changes have been made to the DOL’s phone systems allowing claimants to choose specific categories based on the reason for their calls/ issue with their claims.

For example, claimants are able to select whether they’re calling about a UI claim or a PUA claim and to select other details to help them get though to someone best equipped to help with their particular issues.

Claimants may also specify if their call is about backpay to separate their phone call from claimants calling who have yet to receive a determination on their claims or any payments.

*attorneys with clients still experiencing long wait times and not getting through should consider using the liaison program mentioned above to expedite the process!*

Denial: 2 jobs- 1 full time temporary position & a part time bartender position

One of my clients was working a full time 6 month temp job and a part time bartending job. Temp job ended in December 2019. He was fired from his bartending position in February though he claims it was a wrongful termination. He can not find another job now due to COVID so he filed for unemployment and was denied based on his termination from the part time bartending job.

He has filed for a hearing and is waiting for a hearing date. Did DOL use his part time job as the deciding factor because the other one was temporary? Considering he did not lose either job to COVID but cannot find a new one due to COVID (and claims he was wrongfully terminated from the PT job anyway) is there anything he can do other than wait for a hearing date?

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Answers

Hearings usually needed to resolve employer/ employee conflict as to the reason for termination

It is likely this claimant would have to wait for the hearing to resolve the issue between him and his employer on whether it was a wrongful termination.

Temporary positions generally can be used when determining eligibility for unemployment benefits.

However, temporary positions, unless specifically identified as an exception in the claimant handbook, can still be used when determining if a claimant is eligible for benefits. In the instance above, even if the claimant was not eligible for PUA because the job losses were unrelated to COVID, depending on the income from the temporary position, he may: 1) be eligible for regular unemployment benefits or 2) be eligible for PUA if his income from that job is insufficient to qualify for unemployment benefits.

Receiving minimum amount because included small W2 salary instead of higher 1099

Question

If someone is receiving unemployment due to covid termination and included their (small) W2 salary so is only receiving the minimum NYS unemployment amount. But they also had received 1099 income (this contractor role also ended due to covid), can they somehow add that 1099 income amount to get a higher weekly amount? How would they do this?

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Answer

There is a place on the form to report independent contractor income when they apply. They will be asked for copies of their Schedule C to prove income.

Client Left The Country but Didn’t Misrepresent and is now being denied benefits (awaiting answer)

1. I have a client who applied for unemployment in December. She lost her job as a restaurant manager at that time. She left the country to visit her father from January 5 through March 3. The unemployment insurance told her she did not read the handbook and willfully misrepresented herself that she was ready, willing and able to work when she cannot apply unless she is in the US or US territory.. She just got paid basically from April to present, but was penalized for her March payments. She did not willfully misrepresent as she did not have someone put claims in for her, nor did she lie to them about leaving the country when she asked. She could put her claims in because she was blocked due to being in a foreign country. She did not know about that. Nothing was willful.

We can't get through unemployment to straighten it out. In addition she was trying to get employment in NY while overseas. However, that fell through because the restaurant closed due to Corona.

Questions: Should I call her Assemblyman or write or email DOL. How will I get the fastest response to explain she did not willfully misrepresent.

Is she entitled to PUA because despite the past, she cannot obtain a restaurant manager's position since all the restaurants were closed?

Rejected due to severance

Client, a 67 year old man was terminated on January 7. However, when he applied for unemployment they took into account his 3 months severance and sick and vacation days and told him he not eligible until April 12. He started to put claims in and is getting rejected. Again I cannot reach anybody to discuss this. Unemployment put him off 3 months due to the severance, otherwise he would have been collecting. Also, he was unable to find a job prior to the virus and certainly cannot find one now. He is in sales but his industry is person to person, not internet sales.

Same Questions: How can I get through to unemployment and is he entitled to PUA since he certainly cannot get a job at this time due to the virus even though his termination had nothing to do with it. Similar to the client above.

Any advice would help. Thank you.

File an appeal immediately.

Set up direct deposit but system says first payment is through debit card; person does not have the card or understand why they need one

Question

Anyone ever filed and put in for direct deposit then notice your first payment says debit card?? Haven’t received a debit card and put in for direct deposit? Double checked my routing and account numbers even did so with bank

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Answer

Yes. Call key bank from which debit card originates. Automated message says can take up to 21 days to be mailed. Let’s see if that’s true.

To expedite receipt of debit card

Information

You can call keybank customer service and have them expedite you a card via ups. Tell them you never received the first one. They’ll charge $15 from the money thats on the card and you can have it in 2-3 days.

I have seen advice that if you reach an automated system, to select "lost or stolen" card to get to speak with a person

Correcting application error

Information

Possibly reporting app mistakes via email based on

www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf⁠

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page V: To report a mistake you made when claiming weekly benefits

Online: Go to

labor.ny.gov/signin⁠

. Enter your

NY.gov⁠

username and password. Click on the envelope icon at the top right corner of the page. This will bring you to your message inbox.

Click on the menu button (the square with three lines). Select "Compose New."

Select Subject: "Certifications and Payments." Select Second Subject: "I made a mistake when I certified for benefits. How do I correct it?" In the body of the message, explain the mistake.

Telephone: Call our Telephone Claims Center Monday through Friday, 8 a.m. to 5 p.m. at

888-209-8124. Interpreters are available for most languages; press 9 for an interpreter.

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Answer

When I log in and try to make a correction on the website, get this message:

If you made a mistake when claiming benefits, you should notify the Telephone Claims Center by calling 1-888-209-8124 or by writing to the NYS Department of Labor, PO Box 15130, Albany, NY 12212-5130.

In the current climate, I would be include to send a hard copy

Late (but not passed deadline) filing

Filed over a month after losing job, got $ for the week of filing and wants to know if there will be back payment

Question

My employer closed their doors on March 14th. I didn’t file unemployment until April 21st. Do I lose all those 5 weeks I didn’t file? I’m in the unemployment system for week 3/15/20 as a waiting period. Then I was paid for week ending April 26, 2020 and May 3, 2020.

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Answer 1

Yes

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Answer 2

if you don’t claim (certify) your weekly benefits you may not get unemployment. This is different. If you filed you will receive it all

“Late payments”

(status says “released” but money not in accounts)

Question

Has anyone had issues with late payments? The unemployment website shows that a payment was released today, but when checking my bank account ... it's not there

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Answer

After seeing the status of “released,” it may take two to three days to show up in accounts.

Client denied rightfully- would have been eligible if he filed later

Questions regarding clients who filed during the quarter they lost their job (so still worked and received a paycheck during that quarter) and were denied because they didn't meet the criteria of the base period or alternate period applicable to when they applied. However, they would have been eligible had they applied after the end of that quarter. The detailed question, below, is collapsible/ expandable since it's long.

Specific Question

The below are my client's quarterly earnings as a reference because I am trying to determine what, if any, options my client has here. He filed on March 9, 2020 though still had employment during that quarter until around the 15th of March (he received a pay check for the period of March 9- March 15; I imagine since he filed on March 9, that was when he lost his job and the 15th was the final check. His wording was "I have been out of work since March 15th, but I don't imagine he would file before losing his job...). Based on filing then, the base period was from October 1, 2018 through September 30, 2019. There is no question as to a denial based on the base period; he didn't make either threshold; no quarter was above $2600 and the total was not at least 1.5 x the highest quarter. For the alternate base period, the total was less than 1.5 x the highest quarter of $5700. I understand both of these denials.

$1365.44:last quarter 2018 (10/1/18- 12/31/19)

$341.20: 1st quarter 2019 (1/1/19-3/31/19)

0: 2nd quarter 2019 (4/1/19-6/30/19)

0: 3rd quarter 2019 (7/1/19-9/30/19)

$5700: 4th quarter 2019 (10/1/19-12/31/19)

$5774.60 : 1st quarter 2020 (1/1/20-3/31/20)

$1706.64: base period total

$6041.20: alternate base period total

His monetary determination/ denial mailed 4/1/2020 and received by client 4/27/2020 says the following "if you have employment in the current calendar quarter and are still unemployed after this quarter ends and think you may qualify using this recent employment, you may apply again for benefits after this calendar quarter of ends," which indicates he could possibly still have an option to refile the claim. He still wouldn't qualify this way using the base period, but if he was able to use an alternate base period that would include quarter 1 from 2020, he would be eligible (total $11,474.60, both quarters he worked are above $2600 and the total exceeds 1.5 x $5774.60). His benefit would be around $220.66 based on my rough math.

BUT there is language in a following page that confused me as to whether this is an option, and I also am not sure if they were referring to quarter 1 or 2 of 2020, as this was mailed on April 1. The language making this questionable is "once wages are used to establish a claim, they cannot be used for a subsequent claim. Consequently, if you choose the alternate base period, you will not be able to use these wages again. This may affect your entitlement to a subsequent claim." Does that language only apply if the wages established an eligible claim, or does the fact that they've been used to calculate at all preclude him from filing a new claim? Also does the fact that it was mailed on April 1st indicate that the DOL was referring to quarter 2 and not quarter 1? This would not help my client.

If he is able to refile, would he have to do this by phone since he already filed a claim and had it denied?

He also mentioned that on April 20 he received a message that he could apply for PUA, so he did, but was not at the time told he was denied for UI. I'm not sure how they determine how much he would get under PUA, but it's my understanding that the minimum is between $172-$182 depending on the time period. I don't know if he would receive more than the minimum, but the minimum seems close to how much he would get from UI anyway unless my math is incorrect. He only worked two of the quarters so I took the average of the two and calculated 1/26 of that. Since the amount seems so close, I wonder if it's advisable to just suggest the PUA claim.

I would appreciate anyone advising me on how I should tell my client to proceed. He has already requested a hearing online immediately upon receiving the monetary determination but has not yet received a hearing date.

(The below photos are the language mentioned above casing confusion)

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Answer (click arrow to expand)

I had this exact issue. Client applied during Q1 2020 without sufficient wages, but had sufficient wages after Q1 2020 ended. Client reapplied after Q1 2020 ended using alternate base period, and was approved. Client decided not to go the PUA route, which in hindsight was smart because it's apparent that process has been nothing but a nightmare. Clients reapplying in this way should be able to do so online.

"once wages are used to establish a claim, they cannot be used for a subsequent claim. Consequently, if you choose the alternate base period, you will not be able to use these wages again. This may affect your entitlement to a subsequent claim."

This means you can't double dip the same wages twice. So if you use the alternate base period to calculate wages now - if you are unemployed 4 quarters down the road you can't use this quarter again to qualify.

No one knows how PUA is calculated. Every single applicant I have seen approved for PUA - it has been for the minimum $182. I haven't seen anyone receive more. There is speculation that the DOL is trying to get PUA money out as fast as possible and will deal with calculations of the benefit at a later date.

Question about paying back PPP loans:

Question:

I client of mine wishes to know if they apply for the loans if they have to pay it call back because she is worried about her rates going up.

Answers (1 and 2) (click arrow to expand)

1) If they apply for the PPP loan, they may have to pay it back. The interest rate is 1%. 75% of the loan amount must be used for payroll and payroll related costs. The remaining 25% should be used for rent, utilities, mortgage payments in effect or which began before February 15, 2020. The funds must be used within the first 8 weeks of receiving the loan and she will need to apply to the lender for loan forgiveness.

2) Generally even a completely interest free loan requires you to eventually pay back the entire principle. (Barring a handful of exceptions such as student loan forgiveness)

Overpayment penalties

Question

I have a situation with a client in which he says he is penalized because he was overpaid and says he owes $2,700. He was a stage hand and worked in four different states. He was hired though the IATSE Union and mostly worked at Nassau Coliseum. He says he has to take money out of retirement and hopes to receive money by July. Please advise.

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Answer/Information

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Here is the information re overpayments. It appears he may be able to negotiate a payment plan although I am not a UI Attorney who likely would know the answer and Joan willing the

DOL is to negotiate.

This is not a good time to be withdrawing from a 401(k).

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labor.ny.gov/ui/claimantinfo/...⁠

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Client's Claim is Pending & Client is Returning to Work

Question:

One of my clients is returning to work, but his PUA application is still pending and he has not received any benefits since his claim on 3/9. He is no longer certifying, but will he be eligible to receive back benefits if later approved?

Answer:

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dol.ny.gov/pandemic-unemployment-assistance⁠

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Under What's Next, it states that "any claim you file will be backdated to the date you became unemployed. If you are eligible, you will be paid for all benefits due."

Backpay

Backpay when client is returning to work

Q: I have been called back to work but am missing some of my unemployment payments. Will I still receive them?

A: New Yorkers who are going back to work WILL receive all the benefits they are entitled to for the weeks that they were unemployed.

Change in effective days

Q: Why have my claim’s effective days changed?

A: Once your claim becomes payable, you may see fewer effective days. This means you are being paid for those days and will soon see this change reflected via the funds in your bank account or debit card.

UI denied to claimant outside US

Question: My client received a letter denying UI citing Sec. 596.4 (she didn't register at a local state employment office because she was in the UK). Are exceptions being made to this requirement because of the pandemic? Also, are people receiving PUA after receiving such denial letters?

Answer: The DOL takes the position that the applicant can't be ready able and willing to work if they are located outside of the US.

Regular and pandemic applications

Multiple applications submitted

I spoke to my client today. She said she submitted two applications on line. One for regular unemployment insurance the other for unemployment insurance due to the pandemic. She is unable to see her application on line for the regular unemployment insurance. She had submitted it twice thinking there was an error in transmittal. She received a message that her submission was complete. She was also told her application was incomplete and that an agent would contact her. I am not familiar with how to apply for unemployment insurance. I forwarded her all the suggestions I read on this thread and she has done them all with no response. She even contacted her local leaders. Does anyone have any other suggestions?

For the pandemic unemployment assistance (PUA) she said she can see her submitted application. It has been submitted but no further response has been received by her. In my opinion, she just has to wait for them to review it and get back to her since she did not receive any communication that it was rejected. Does that make sense?

Thank you,

Follow up Question + Info :

Information regarding applying for both UI and PUA;

Denied UI then applied for PUA

Question/ Info

My client had the same problem: she applied for PUA on April 21 after having been denied regular UI benefits. She got worried once promised 72 hours promised for the callback ran out. I explained to her that currently everything is significantly delayed. Today, however, she finally received a callback.

Also, it seems like if the waiting time gets unbearably long, it may sense to try to "speed up" DOL by either contacting the Congressman or the office of Cuomo in Albany. There is a positive feedback about cases being resolved shortly after.

Answers as to old and New System:

**OLD SYSTEM** Must file for UI even if not eligible to get pandemic insurance ** THIS HAS BEEN UPDATED**

Unemployment insurance is jammed but you need to file for it and have some proof that it was filed (EVEN IF YOU ARE NOT ELIGIBLE) to then file for pandemic insurance.

So I've been advised to make sure to go the process if for no other reason that you need to file for the first to file for the second.

New system : one form for PUA AND UI (how it should currently work)

Example Scenarios and What to Expect

They said they have recently streamlined the app so you can just do one application, but I don’t know if you put your application in recently or a few weeks back. I had to apply for UI as well, and though I never got a denial letter I did get a link in my inbox on the unemployment telling me to fill out the PUA application. You can call local senator and assemblyman to get them to help you with getting in touch with a DOL rep. A lot of people did that and got some help.

Unfortunately, what I've experienced so far is it's a real long wait. And the calling in route is not effective (mostly auto disconnects happen). I'm inclined to suggest sending a letter to the DOL to memorialize the position. But it seems waiting is an unfortunate must.

Yes, sounds like she's in a waiting game. People who applied for Pandemic Unemployment Assistance are reporting on Facebook that their claims from early April are finally being approved. The NY DOL is normally handles thousands of applications on any single day. They've been forced to handle millions of claims per week.

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Company reopening client has underlying condition

Question

I need guidance on a client currently receiving unemployment benefits who has been informed that her employer (catering hall) has received a PPE loan and wants to reinstate her. She has an underlying condition (MD note documenting MS) and would not be able to work during the pandemic. She would prefer to continue to receive unemployment benefits. Can she refuse her employer offer and continue to receive unemployment benefits (given that she has an underlying medical condition)? Please advise.

Answer

She must first ask for a reasonable accommodation, such as being able to work from home. If working from home is not possible, or the employer is a business that has heavy interaction with the public, or the employer just outright refuses any accommodation - then she can quit.

Going this route is risky, and the DOL is going to investigate it. Written documentation will be important. Documentation from her medical provider that she is vulnerable if infected with COVID-19. Document the request to the employer for a reasonable accommodation.

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