Make PUA available to Pennsylvanian’s serving penalty weeks and Release the CARES money!
The Issue
Pennsylvania currently enforces penalty weeks upon those with at fault overpayments, even when the overpayment has been satisfied. Not only are they enforcing the weeks, but they have also determined that those with penalty weeks are ineligible for the $600 per week federal payment. This is inhumane during a pandemic. It is also inconsistent with other states including: New York, Ohio, California, Missouri and Oregon. Pennsylvania is also withholding the $600.00 from those of us who have an overpayment with them and are serving penalty weeks even if the overpayment is paid in full. According to the FDOL’s website anyone who is eligible for the underlying benefit is entitled to this and this includes benefits that are taken at 100% due to an overpayment (pages I4-I6 that discuss entitlement). https://wdr.doleta.gov/directives/attach/UIPL/UIPL_15-20.pdf
Families are going under and unable to provide for their families due to this cruel decision. Please reverse and go retroactive to the date PUA began.
Here is some more information on the topic and what other states have done as well as federal guidelines.
4. Guidance. An overview of key information about the PUA program is provided below.
a. Program overview.
PUA provides benefits to covered individuals,who are those individuals not eligible for regular unemployment compensation or extended benefits under state or Federal law or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. Covered individuals also include self-employed, those seeking part-time employment, individuals lacking sufficient work history, and those who otherwise do not qualify for regular unemployment compensation or extended benefits under state or Federal law or PEUC.
C. Operating Instructions:
1.Eligibility. Section 2102 of the Act provides for payment of PUA to “covered individuals”. “Covered individuals” are those individuals not qualified for regular unemployment compensation, extended benefits under state or Federal law, or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. “Covered individuals” also include self-employed, individuals seeking part-time employment, individuals lacking sufficient work history,or those otherwise not qualified for regular UC, extended benefits under state or federal law, or PEUC.
20.Inviolate Rights to PUA. The rights of individuals to PUA must be protected in the same manner and to the same extent as the rights of persons to regular UC are protected under the applicable state law. Such measures must include protection of individuals from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment of their rights to PUA. In the same manner and to the same extent, individuals must be protected from discrimination and obstruction in regard to seeking, applying for, and receiving PUA.
21.Notifications.
a. Identification and Notification of Potentially Eligible Claimants. The state must identify individuals who are potentially eligible for PUA and provide them with appropriate written notification of their potential entitlement to PUA, including filing instructions.This includes notifying claimants who were found ineligible for UC as far back as January 27, 2020.
https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20_Change_1.pdf
32.Question: If the individual is disqualified on the regular UC claim and collects PUA, must the individual stop collecting PUA and begin collecting on the regular UC claim once the disqualification period for regular UC is satisfied?
Answer: Yes. Once the individual has served the weeks of the disqualification period, the state must revert the individual back to his or her regular UC claim if there are remaining benefits to be received, provided all other eligibility requirements are met.
33.Question: If an individual is disqualified for regular UC because of a job separation that occurred prior to the individual’s unemployment due to COVID-19, is he or she potentially eligible for PUA?
Answer: Yes.If the individual is disqualified from regular UC for a cause that occurred prior to the individual’s COVID-19 related reason,he or she may be eligible for PUA. This includes an individual who has a prior fraud disqualification.
37.Question: When the state requires that an individual must serve penalty weeks before being eligible for regular UC, may the individual use those weeks of PUA benefits to satisfy the penalty weeks?
Answer: State law will determine whether the weeks of filing for PUA may be used to satisfy penalty weeks for a disqualification.
California DOL: https://edd.ca.gov/about_edd/coronavirus-2019/pandemic-unemployment-assistance/faqs.htm
Q: Why should people who have penalty weeks get access to benefits?
A: Even people who have paid back all of their overpayments and paid any penalties owed may have penalty weeks remaining that make them ineligible for UI for a period of time of up to three years. PUA is available for not only the self-employed and independent contractors but also for other individuals who are ineligible for UI. Those serving penalty weeks fall into that category.
Oregon DOL: https://www.oregon.gov/employ/Documents/PUA_FAQs.pdf
Q: I have a regular claim, but I am serving penalty weeks. Am I eligible for PUA?
A: You may be eligible for PUA if you are unable to collect benefits on your regular claim due to a disqualification that prevents you from receiving payment, and you are out of work or unable or unavailable for work due to one of the COVID-19 related reasons. You should apply for PUA, and your claim will be evaluated according to the federal guidelines.
Missouri DOL: https://labor.mo.gov/coronavirus
Question 13: Will I be able to collect regular unemployment or the $600 federal supplement if I have an existing overpayment? Can you waive the fraud penalties on my overpayment?
Answer: If you have an existing non-fraud overpayment, any weekly benefit payment for which you are eligible will be applied to the overpayment. If you have an existing fraud penalty, you are not eligible for regular unemployment benefits, but could potentially be eligible for a Pandemic Unemployment Assistance (PUA) claim, including the $600 Federal Pandemic Unemployment Compensation (FPUC) supplement. Part of the benefit payment may be taken for offset of an overpayment. If you have questions regarding your overpayment, you may call 573-751-4058.
Ohio: https://spectrumnews1.com/oh/columbus/news/2020/05/12/pandemic-unemployment-site-launched
Columbus – Nearly two months after Governor Dewine closed bars and restaurants, and a month and a half since the CARES Act was signed, Ohio's application system for the Pandemic Unemployment Assistance program is live.
-Pandemic Unemployment Assistance is the new program for those displaced from employment due to COVID-19 related issues, but ineligible for regular unemployment
-Benefits date back to January, or the date of unemployment, whichever comes first
-Those ineligible for regular unemployment due to penalty weeks can also apply for PUA
This program also captures a new group of previously ineligible Ohioans, those who had penalty weeks under the regular unemployment system. Spectrum News 1 asked Governor Dewine about this issue, and on May 8th he clarified that Ohioans with regular unemployment penalty weeks can apply for PUA in a letter to Congressman Tim Ryan who also raised the issue
ABC7 in NY covered the states decision to wave all penalty weeks during this pandemic. Here is the article: https://www.google.com/amp/s/abc7ny.com/amp/department-of-labor-forefeit-penalties-pandemic-7-on-your-side-investigates/6179687/
CBS in Chicago covered a similar story: https://chicago.cbslocal.com/2020/05/08/some-waiting-for-covid-19-benefits-pay-a-penalty-thats-delaying-payments/
A pandemic is not the time to try to play both sides. I spoke with an unemployment rep yesterday (5/21/20) who said that I am ineligible for the CARES money because I am ineligible for traditional unemployment because of my penalty weeks from my overpayment (which is paid in full). I have never received one document from unemployment showing that I have penalty weeks. When I said ok so then I qualify for PUA the rep said no because I am eligible for traditional unemployment. They are playing both sides and making a bad situation worse. There is a difference between being eligible and having something withheld. I as many Pennsylvanian’s meet the eligibility requirements: to have hours or income reduced through no fault of your own, to not turn down work offered, and be willing and able to work. Benefits are being denied by the definition of PA penalty weeks which states: “A penalty week is a week when you are unemployed and otherwise eligible to receive UC, but benefits are denied because of past fraud” ( https://www.uc.pa.gov/unemployment-benefits/handbook/Pages/Overpayments-and-Collections.aspx
Pennsylvania is not being consistent and doing what benefits them regardless of the impact of its residents. This will have a detrimental impact for families and the economy because it reduces money that can go back into the economy. It will have a trickle down effect on the housing and auto industry as the refusal of income will lead to foreclosures and repos when allowed again because so many are behind on payments. It’s a ripple effect. Please sign to support Pennsylvania doing the right thing and releasing the CARES money we are eligible for ($600.00) and either wave the penalty weeks or allow us to apply for PUA until our penalty weeks are exhausted!
399
The Issue
Pennsylvania currently enforces penalty weeks upon those with at fault overpayments, even when the overpayment has been satisfied. Not only are they enforcing the weeks, but they have also determined that those with penalty weeks are ineligible for the $600 per week federal payment. This is inhumane during a pandemic. It is also inconsistent with other states including: New York, Ohio, California, Missouri and Oregon. Pennsylvania is also withholding the $600.00 from those of us who have an overpayment with them and are serving penalty weeks even if the overpayment is paid in full. According to the FDOL’s website anyone who is eligible for the underlying benefit is entitled to this and this includes benefits that are taken at 100% due to an overpayment (pages I4-I6 that discuss entitlement). https://wdr.doleta.gov/directives/attach/UIPL/UIPL_15-20.pdf
Families are going under and unable to provide for their families due to this cruel decision. Please reverse and go retroactive to the date PUA began.
Here is some more information on the topic and what other states have done as well as federal guidelines.
4. Guidance. An overview of key information about the PUA program is provided below.
a. Program overview.
PUA provides benefits to covered individuals,who are those individuals not eligible for regular unemployment compensation or extended benefits under state or Federal law or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. Covered individuals also include self-employed, those seeking part-time employment, individuals lacking sufficient work history, and those who otherwise do not qualify for regular unemployment compensation or extended benefits under state or Federal law or PEUC.
C. Operating Instructions:
1.Eligibility. Section 2102 of the Act provides for payment of PUA to “covered individuals”. “Covered individuals” are those individuals not qualified for regular unemployment compensation, extended benefits under state or Federal law, or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. “Covered individuals” also include self-employed, individuals seeking part-time employment, individuals lacking sufficient work history,or those otherwise not qualified for regular UC, extended benefits under state or federal law, or PEUC.
20.Inviolate Rights to PUA. The rights of individuals to PUA must be protected in the same manner and to the same extent as the rights of persons to regular UC are protected under the applicable state law. Such measures must include protection of individuals from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment of their rights to PUA. In the same manner and to the same extent, individuals must be protected from discrimination and obstruction in regard to seeking, applying for, and receiving PUA.
21.Notifications.
a. Identification and Notification of Potentially Eligible Claimants. The state must identify individuals who are potentially eligible for PUA and provide them with appropriate written notification of their potential entitlement to PUA, including filing instructions.This includes notifying claimants who were found ineligible for UC as far back as January 27, 2020.
https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20_Change_1.pdf
32.Question: If the individual is disqualified on the regular UC claim and collects PUA, must the individual stop collecting PUA and begin collecting on the regular UC claim once the disqualification period for regular UC is satisfied?
Answer: Yes. Once the individual has served the weeks of the disqualification period, the state must revert the individual back to his or her regular UC claim if there are remaining benefits to be received, provided all other eligibility requirements are met.
33.Question: If an individual is disqualified for regular UC because of a job separation that occurred prior to the individual’s unemployment due to COVID-19, is he or she potentially eligible for PUA?
Answer: Yes.If the individual is disqualified from regular UC for a cause that occurred prior to the individual’s COVID-19 related reason,he or she may be eligible for PUA. This includes an individual who has a prior fraud disqualification.
37.Question: When the state requires that an individual must serve penalty weeks before being eligible for regular UC, may the individual use those weeks of PUA benefits to satisfy the penalty weeks?
Answer: State law will determine whether the weeks of filing for PUA may be used to satisfy penalty weeks for a disqualification.
California DOL: https://edd.ca.gov/about_edd/coronavirus-2019/pandemic-unemployment-assistance/faqs.htm
Q: Why should people who have penalty weeks get access to benefits?
A: Even people who have paid back all of their overpayments and paid any penalties owed may have penalty weeks remaining that make them ineligible for UI for a period of time of up to three years. PUA is available for not only the self-employed and independent contractors but also for other individuals who are ineligible for UI. Those serving penalty weeks fall into that category.
Oregon DOL: https://www.oregon.gov/employ/Documents/PUA_FAQs.pdf
Q: I have a regular claim, but I am serving penalty weeks. Am I eligible for PUA?
A: You may be eligible for PUA if you are unable to collect benefits on your regular claim due to a disqualification that prevents you from receiving payment, and you are out of work or unable or unavailable for work due to one of the COVID-19 related reasons. You should apply for PUA, and your claim will be evaluated according to the federal guidelines.
Missouri DOL: https://labor.mo.gov/coronavirus
Question 13: Will I be able to collect regular unemployment or the $600 federal supplement if I have an existing overpayment? Can you waive the fraud penalties on my overpayment?
Answer: If you have an existing non-fraud overpayment, any weekly benefit payment for which you are eligible will be applied to the overpayment. If you have an existing fraud penalty, you are not eligible for regular unemployment benefits, but could potentially be eligible for a Pandemic Unemployment Assistance (PUA) claim, including the $600 Federal Pandemic Unemployment Compensation (FPUC) supplement. Part of the benefit payment may be taken for offset of an overpayment. If you have questions regarding your overpayment, you may call 573-751-4058.
Ohio: https://spectrumnews1.com/oh/columbus/news/2020/05/12/pandemic-unemployment-site-launched
Columbus – Nearly two months after Governor Dewine closed bars and restaurants, and a month and a half since the CARES Act was signed, Ohio's application system for the Pandemic Unemployment Assistance program is live.
-Pandemic Unemployment Assistance is the new program for those displaced from employment due to COVID-19 related issues, but ineligible for regular unemployment
-Benefits date back to January, or the date of unemployment, whichever comes first
-Those ineligible for regular unemployment due to penalty weeks can also apply for PUA
This program also captures a new group of previously ineligible Ohioans, those who had penalty weeks under the regular unemployment system. Spectrum News 1 asked Governor Dewine about this issue, and on May 8th he clarified that Ohioans with regular unemployment penalty weeks can apply for PUA in a letter to Congressman Tim Ryan who also raised the issue
ABC7 in NY covered the states decision to wave all penalty weeks during this pandemic. Here is the article: https://www.google.com/amp/s/abc7ny.com/amp/department-of-labor-forefeit-penalties-pandemic-7-on-your-side-investigates/6179687/
CBS in Chicago covered a similar story: https://chicago.cbslocal.com/2020/05/08/some-waiting-for-covid-19-benefits-pay-a-penalty-thats-delaying-payments/
A pandemic is not the time to try to play both sides. I spoke with an unemployment rep yesterday (5/21/20) who said that I am ineligible for the CARES money because I am ineligible for traditional unemployment because of my penalty weeks from my overpayment (which is paid in full). I have never received one document from unemployment showing that I have penalty weeks. When I said ok so then I qualify for PUA the rep said no because I am eligible for traditional unemployment. They are playing both sides and making a bad situation worse. There is a difference between being eligible and having something withheld. I as many Pennsylvanian’s meet the eligibility requirements: to have hours or income reduced through no fault of your own, to not turn down work offered, and be willing and able to work. Benefits are being denied by the definition of PA penalty weeks which states: “A penalty week is a week when you are unemployed and otherwise eligible to receive UC, but benefits are denied because of past fraud” ( https://www.uc.pa.gov/unemployment-benefits/handbook/Pages/Overpayments-and-Collections.aspx
Pennsylvania is not being consistent and doing what benefits them regardless of the impact of its residents. This will have a detrimental impact for families and the economy because it reduces money that can go back into the economy. It will have a trickle down effect on the housing and auto industry as the refusal of income will lead to foreclosures and repos when allowed again because so many are behind on payments. It’s a ripple effect. Please sign to support Pennsylvania doing the right thing and releasing the CARES money we are eligible for ($600.00) and either wave the penalty weeks or allow us to apply for PUA until our penalty weeks are exhausted!
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Petition created on May 21, 2020