Unemployment Insurance
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Benefits
Eligibility
Financial/Earnings
Job Availability/suitability
Immigrant Eligibility
Seasonal Employees
Eligibility for Federal Extended UI Benefits
Filing a Claim (How to apply)
Timelines and Appeals
For more information
Monica Halas, Lead Attorney at Greater Boston Legal Services, spoke at the June (2009)CRC Information session regarding the Unemployment Insurance program. Ms. Halas shared her expertise in how to advocate for clients who are wrongfully denied benefits or have difficulties navigating the system.
Overview
The Unemployment Insurance (UI) Program provides temporary compensation to those who are unemployed through no fault of their own and are able to actively seek work, regardless of means. Basic program standards including the right for an impartial hearing are set by the federal government; however, the UI program is administered by state agencies. Most critical decisions regarding the program are the responsibility of the state including establishing a maximum benefit level and as a result the UI program varies by state. In Massachusetts Unemployment Insurance is administered by the Division of Unemployment Assistance (DUA) www.mass.gov/dua
In Massachusetts, an eligible claimant can receive up to 30 weeks of coverage (during an extended federal extended benefit period which currently exists – see below, the maximum number of weeks of state benefits is 26). Extended benefits may be available in certain circumstances such as enrollment in an approved training program, or during a period of federal UI extensions. Benefits are approximately 50% of one’s average weekly gross pay, based on wages earned in the two highest quarters in the prior year. The maximum benefit in Massachusetts is $628 per week; this amount is recalculated on October 1 st each year.
The federal government provides extended benefits to eligible claimants during periods of high unemployment. On February 17, 2009 the American Recovery and Reinvestment Act (ARRA) increased the maximum benefit amount by $25 a week and the length of time an eligible claimant can collect to 79 weeks (max). As a result of the federal UI extension, state UI benefits are capped at 26 weeks versus the normal 30 weeks. More details regarding state and federal UI benefits follow in this article.
Advocacy Tip: Dependency allowance - One may also receive an allowance of $25 per dependent child for whom the claimant provides over 50% of support. Children can be up to 18 years old, 24 for full-time students or any age if incapable of earning wages due to mental or physical disabilities. Dependency allowance is capped at 50% of benefit rate (e.g., if one is receiving $100 a week, the dependency allowance is capped at $50 a week). GBLS is getting reports that dependency allowance frequently is overlooked. Claimants and advocates should ensure that parents are receiving these extra funds.
Advocacy Tip: Benefit Calculations- The DUA website contains many online tools to help claimants understand how his/her benefits are calculated. An online work search log application can help claimants track his/her weekly work efforts, which can prove to be extremely helpful if a claim needs to be disputed in the future. www.mass.gov/dua.
Generally, one is entitled to UI benefits if: (1) you are totally or (in some cases) partially unemployed (i.e., your hours have been involuntarily reduced); (2) you are separated from employment through no fault of your own; (3) you have earned at least $3,500 and worked approximately 15 weeks in roughly the prior 15 months; and (4) you are capable of, available for, and actively seeking work.
No Fault Unemployment: Includes “Layoffs,” “Quits with ’Good Cause’” or Urgent Reasons or Firing Where Employee Not Have Requisite State of Mind.
Beyond losing one’s job due to a “layoff,” an individual may be eligible for UI benefits if they quit a job for ”good cause attributable to the employer” or where the leaving was for a personal nature that is determined to be urgent and compelling. In both instances, the claimant needs to have made reasonable efforts to have preserved his or her job, unless those efforts would have been futile. For example: sexual harassment, quitting to escape a domestic violence situation, or if an employee holds a reasonable belief that the job is hazardous to his/her health are grounds for leaving a position.
One may also be eligible if one was fired. For an employee to be denied benefits, the burden of proof is on the employer to prove that the misconduct was intentional or that the individual intentionally violated a reasonable and uniformly enforced work rule. Incompetence is a defense.
Financial/earnings eligibility is determined by an individual’s base period of earnings, which must equal at least $3,500 and 30 times the individual’s weekly benefit amount*. Eligibility can be calculated using a primary base period or an alternate base period if a claimant’s primary base period is less than the earnings requirement, or if using an alternate base period would result in at least a 10% higher UI benefit level.
“Primary base period” refers to the amount of earnings an individual made in the last 4 completed calendar quarters.
“Alternate base period” refers to the 3 most recently completed calendar quarters plus the period between the last completed quarter and the effective date of the claim.
Advocacy Tip: GBLS has been finding erroneous UI denials or benefit rate calculations relating to miscalculations of the base period financial component of eligibility because not all of the individual’s prior earnings may have been reported. In those situations, contact the customer services division of the Division of Unemployment Assistance at 617/603-1604.
The weekly benefit amount is generally calculated by taking the 2 highest quarters in the base period and dividing by 26 to get the average weekly wage (AWW). The AWW is then divided by 2 to determine the weekly benefit amount (WBA). The total amount of state benefits is arrived at by determining which is the lesser amount: 30 X WBA or 36% of the prior base period earnings.
Personal eligibility requires that an individual be capable of, available for and actively seeking work (at least 3 efforts per week). This must be verified weekly by telephone or online. (www.mass.gov/dua/webcert) If approved (case-by-case basis), a medical/illness waiver allows an individual to maintain full UI and MSP benefits for a maximum of three-weeks per benefit year during which they are unable to look for work or participate in a training program. To apply for the waiver, claimants should leave a message at the telephone number where they usually report their work search. A case worker should call them back to assess the situation and give further guidance. Some instances may require a physician’s letter to verify illness.
A claimant need not be available for full time work. If an individual has a disability that still permits him or her to work part time with or without a reasonable accommodation, that individual must be considered available for work. Whenever a medical issue arises, DUA unfortunately puts a stop payment “issue” into the system. Social workers can be of enormous assistance by ensuring that a health care provider furnishes prompt information to DUA about an individual’s ability to work by filling out a Health Care Provider’s Statement of Capability.
Failure to accept suitable employment may subject a claimant to disqualification from benefits. Claimants, however, do not need to accept any job that is offered; they may refuse employment under certain circumstances if the job is considered to be work that is not “suitable.” Specifically considering whether employment is detrimental to the health, safety or morals of the individual; whether the job fits the employee, based on training and experience; and whether the job is located within a reasonable distance from the employee’s residence or prior job.
An exception to the work search requirement may be granted to individuals who are participating in an approved training program. Claimants who participate in an approved training program may be eligible to receive up to an additional 26 weeks of UI benefits. To apply for a work search waiver, a qualified claimant must apply, under most circumstance, within 15 weeks of a new or continued claim to DUA, although that time period may be waived . The Massachusetts Division of Career Services’ one-stop career centers maintain lists of approved programs.
For more specifics on UI eligibility please see: www.mass.gov/dua
Undocumented immigrants are advised not to apply. Non-citizens who have work authorization (LPRs, asylees, refugees, VAWA) are eligible. Individuals who have work authorization and have been denied UI should contact the Employment Law Unit at GBLS.
UI regulations specifically state that seasonal employees are NOT eligible to collect UI benefits at the end of the season. There have been cases in which non-seasonal employers will argue that their employees are not eligible to collect UI benefits because they are seasonal help. However, the only employers that are exempt from paying UI benefits are those whose business is open fewer than 16 weeks a year AND are officially registered as a seasonal employer.
Eligibility for Federal Extended UI Benefits
A claimant may be eligible to collect federal extended UI benefits if he/she has exhausted his/her UI benefits and is not eligible to collect UI benefits in any other state or Canadian UI. A claimant must have worked at least 20 weeks in the past 15 months (versus the 15 weeks required for state UI benefits). There are two federal extended UI programs --- emergency compensation passed by Congress and a permanent federal/state extended benefits program. Currently, for those individuals who filed a regular UI claim after May 7, 2006 and are currently unemployed, they may be eligible for up to 79 weeks of extended UI benefits (26 state and 53 federal). Additionally, under the ARRA, states can be reimbursed by the federal government for paying an extra $25 a week to UI claimants. Massachusetts has added this benefit. The extended benefits will phase out June 20, 2010 unless extended again by Congress. For more information about the federal extended UI benefits call the DUA toll-free hotline: 1-888-998-8418.
Claims are made with the Massachusetts Division of Unemployment Assistance (DUA). An initial claim can be filed by telephone or in person at one of the state’s 35 career centers (see below for contact information). It is best to apply immediately after losing one’s job to capture as much of the base period of earnings as possible.
Advocacy Tips : To reach a DUA agent quickly, call on the day that corresponds to the last digit of the claimant’s social security number (i.e., Monday if the last digit of the social security number is 0, 1, or 2; Tuesday for 3, 4, or 5; and so forth. Anyone can call on Friday or Saturday, and it may be easier to get through later in the week). If applying in person, be at the office no later than 8:30 a.m.
After meeting basic eligibility criteria, DUA contacts the claimant’s employers from the past 15 months, requiring that the most recent employer respond to DUA’s inquiry within 10 days. UI benefits usually begin one-week after the employer responds that the claimant’s employment was terminated due to a “layoff”. If an employer protests the UI benefits claim, DUA will arrange for an interview of both the employee and employer by a claims adjuster who will make a decision on the claim within approximately 30 days.
After a decision, the employer and employee each have the right to appeal to DUA within 10 days. Successive appeals can be made through a Board of Review and finally in District Court and the appellate courts. Additionally, an employee can seek a redetermination of a DUA decisions within one year of the original determination and/or seek a waiver for any overpayment owed.
Advocacy Tips:
- If benefits are denied, the claimant should continue to certify that they are available to work while appealing. If the denial is eventually overturned they may be able to get retro-active benefits.
- GBLS is reporting an increase in illegal denials of UI claims; therefore, it is always good to encourage clients to seek appeals with the assistance of legal representation. For a directory of legal services programs: www.masslegalhelp.org.
- How can Social Workers advocate for clients who are receiving UI benefits? If clients are not successful with navigating the DUA system, social workers can assist by calling the state representative’s constituent aide who in turn can call DUA directly to move the case along. Social workers can assist in securing the prompt completion of the Health Care Provider’s Statement of Capability.
To file a claim call: 617-626-6800 or 1-877-626-6800 or www.mass.gov/dua
Health Insurance Benefits are no longer offered as part of Unemployment Insurance.
Those who formerly would have qualified for the now-defunct Medical Security Plan (MSP) should qualify for subsidized coverage and can purchase a plan through the Health Connector. Job loss qualifies as a "qualifying life event" that would allow one to shop through the Connector even outside of Open Enrollment.The MA Health Connector: www.mahealthconnector.org/.
Or for more information see our Affordable Care Act (ACA) page.
Unemployment Insurance: Questions and Answers – July 2009: http://healthcare.partners.org/ss/ssframebottom/staffresources/New%20Site/Basic%20Needs/UI-Q&A-7-21-09.doc
-Many thanks to Monica Halas for her presentation and assistance with this article.
7/09, rev 9//15