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Federal Government Approves Requested Waiver

Feb 11, 2022

The U.S. Department of Labor granted a request by Governor Gretchen Whitmer to expand eligibility of waivers for Michigan workers who received Pandemic Unemployment Assistance. Through no fault of their own, thousands of Michigan residents received overpayment of assistance during the pandemic. In July, Michigan’s Unemployment Insurance Agency (UIA) issued approximately 350,000 waivers not requiring repayment. The agency is evaluating how many other claims might qualify for waivers under the new guidance.

The updated waiver guidance approves five new scenarios under which states who have adopted the federal provisions for consideration of a waiver may apply blanket waivers for recovery of overpayments:

    • An individual responded “no” to being able and available for work and the state issued payment for Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation without adjudicating the eligibility issue. An individual was eligible for payment and the state issued payment at a higher rate Weekly Benefit Amount under the Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation program.
    • The individual responded “no” to being unemployed, partially unemployed or unable or unavailable to work due to the approved coronavirus-related reasons, and the state paid Pandemic Unemployment Assistance. 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.
    • The individual submitted required proof of earnings used to calculate Pandemic Unemployment Assistance Weekly Benefit Amount and the state incorrectly processed the calculation resulting in a higher weekly benefit amount under the PUA program.
    • The individual submitted proof of self-employment earnings to establish eligibility for Mixed Earners Unemployment Compensation Program and the state incorrectly processed the information, resulting in overpayment.

The waiver will not be applied to claims where the UIA determines fraud was involved.

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