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

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 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

Outline Goals 1. Resources 2. New UC programs through CARES Act 3. Pandemic Unemployment Assistance (PUA) 4. Federal Pandemic Unemployment Compensation (FPUC) 5. Pandemic Emergency Unemployment Compensation (PEUC) 6. Appealing 7. Ineligible groups 8.

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

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/

Unemployment Compensation Programs under the CARES Act ○ Pandemic Unemployment Assistance (PUA) § 2102. ○ Federal Pandemic Unemployment Compensation (FPUC) § 2104. ○ Pandemic Emergency Unemployment Compensation (PEUC) § 2107.

Pandemic Unemployment Assistance (PUA) Pandemic Unemployment Assistance (PUA) is for individuals not otherwise 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).

Who’s a gig worker? (A few examples) Construction industry Event-related workers, like workers, like carpenters, photographers, musicians, electricians and plumbers or event planners Business service workers, Drivers, like delivery like accountants and drivers or passenger architects drivers

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.

Pandemic Unemployment Assistance (PUA) Eligibility Further, PUA-eligible applications should be o Partially or fully unemployed o Unable to work for COVID-19-related reasons o Not able to telework o Not receiving paid leave o Otherwise able and available to work (except for COVID-19 related reasons)

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 o 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 o July 2020; and up to 39 weeks of benefits from January 27th to December o 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

Pandemic Unemployment assistance (PUA) – Examples of COVID-19 related reasons Symptoms Diagnosis Quarantine Care Only claimant Claimant if Claimant caring Only claimant diagnosed for family advised by Only if member or medical claimant is household professional due Household seeking member to possible member diagnosis diagnosed infection/diagnos diagnosed and is OR causing compromised claimant’s immune system inability to work

Pandemic Unemployment assistance (PUA) – Examples of COVID-19 related reasons II Employment Life Circumstance / Other elimination of job Unexpected breadwinner b/c breadwinner died due to COVID- job to be inaccessible 19 HH member or child unable to closure of workplace attend school/facility due to claimant quit job closure Any other reason justified by DOL

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.

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)

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.

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.

Potential FPUC Legal Issues • Does partial intercept of UC benefit to recover overpayment or other debt impact FPUC eligibility? • No more than 50% of PUC may be kept to recover overpayment.

Pandemic Emergency Unemployment Compensation (PEUC) PEUC provides 13 additional weeks of UC benefits for individuals who have exhausted regular UC benefits. § 2107.

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.

If eligible for State UC Pandemic benefits Emergency 1 Regular State UC Unemployment 2 PEUC Compensation Extended benefits (if triggered & not 3 exhausted) (PEUC) If ineligible for State UC benefits Sequence of PUA for 39 1 Benefits weeks

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 o https://www.jdsupra.com/legalnews/covid-19-unemployment-benefits-for- 37602/ SSDI recipients o Workers without legal working status o Farmers https://farms.extension.wisc.edu/pandemic-unemployment- o assistance-in-wisconsin-what-does-it-mean-for-farmers/

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.

Q&A

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!

Legal Action of Wisconsin, Inc .’s Volunteer Lawyer Project ● Variety of opportunities, from full representation to one-time clinics ● Covered by Legal Action of Wi sconsin’s malpractice insurance ● Free CLE credit! Contact Atty. Maggie Niebler-Brown at MNB@legalaction.org

Contacts Atty. Hal Menendez Atty. Liz Groeschel Unemployment Public Benefits Priority Coordinator Managing Attorney – Green Bay Insurance Legal Action of WI, Inc. Legal Action of Wisconsin, Inc. HAM@legalaction.org EAG@legalaction.org Maggie Niebler-Brown CLE Credit Director, Volunteer Lawyers Project Legal Action of Wisconsin MNB@legalaction.org Jeff Brown Free Legal State Bar of Wisconsin Answers Pro Bono Program Director jbrown@wisbar.org