
Originally Posted by
PhoebesMeow
Hi everyone, I thought I would share some information regarding PUA limitations based on a "self-employed" status. Although our government passed and has allowed for the ridiculous sized paycheck's of CEO's to be protected, they care so deeply about restricting our unemployment based on their own "investigative" work into our industries. I work out of state and drive over 3 hours to spend a weekend working a few weekends a month during season. I have been on PUA since the closure of my club.
My child has an immune system cancer.
I have now received a letter from unemployment stating my industry is back open and I'm expected to go back to work. The guidelines from the Department of Labor have issued all states to examine all PUA applications regarding phase re-opening guidelines to ensure individuals do not stay on unemployment due to a generalized fear of the virus. In my particular case the club does NOT open until June 15th which would entitle me to receive 3 more weeks of benefits however the letter I received states the following-
Our records indicate you are (1) a self-employed individual in an
industry that has been cleared to reopen and (2) receiving benefits under the federal
Pandemic Unemployment Assistance (PUA) program.
This likely means that your place of employment is no longer closed as a direct
result of COVID-19. It may also mean that businesses that were forced to suspend
operations are no longer experiencing a significant diminution of work and may be
ready to reopen. If that is the case, refusing to return to work typically makes
you ineligible to receive unemployment benefits.
Listed below are some Questions and Answers to help you understand what comes next.
What should I do when I return to work?
Simply stop filing your Weekly Certifications for unemployment.
You do not need to report to DEW that you’ve gone back to work.
What should I do if I’m returning to work, but will be earning less or
working reduced hours?
Continue to file your Weekly Certifications and report any income you receive.
Remember, you must report income for the week in which it was earned,
not the week in which you are paid. Any income you earn may reduce
your weekly benefit amount; however, if you continue to be eligible for
weekly benefits, you will continue to receive the flat $600 Federal Pandemic
Unemployment Compensation
What happens if I start earning income again and do not report those
earnings on my Weekly Certifications?
If you continue to receive benefits for weeks after you return to work
and earned income, you may be required to pay back the benefits you
were overpaid. Also, failing to report earnings may constitute fraud,
and lead to civil and criminal penalties.
I have reasonable concerns that my workplace is unsafe.
Can I choose not to return to work and remain eligible for
unemployment benefits?
According to the information you provided to DEW when
filing your initial claim, your industry has been cleared to
reopen. You should take steps to address the necessary social
distancing protocols, which includes complying with safety
standards as recommended by the Centers for Disease Control (CDC)
or other government authorities or industry groups. In a
situation where the necessary social distancing protocols are
in place, you may be found ineligible for benefits if you
do not return to work.
I can make more money receiving unemployment benefits
than I can make in income during this time. Can I choose
to not return to work and continue receiving unemployment benefits?
No. Choosing not to return to work solely on the basis that
you will earn less than you can collect in unemployment
benefits is not considered good cause when your
employer has offered you your former employment back or
other suitable employment. If DEW determines that you have
refused to return to work solely on this basis, you will
not be eligible to receive benefits.
My industry has been reopened, but as a direct result of COVID-19,
I am not able to return to work. Are you saying my benefits will be cut off?
No, although eligibility for PUA typically requires that the individual
be able to work and available to work within the meaning of applicable
state law, if you are unable or unavailable to work because of a reason
listed under section 2102(a)(3)(A)(ii)(I) of the CARES Act, you would be
eligible to continue receiving unemployment benefits under PUA.
Returning to work is an important step, not only for a stable economy,
but for each individual’s long-term employment security. While the
state and federal unemployment benefits are available to help through the height of the pandemic, it is time for the
state to safely and carefully make our way back to work.
For those wondering how to genuinely qualify for PUA while their place of work has reopened (generalized anxiety is not listed and will not be accepted by the UI department) the federal guidelines from section 2102(a)(3)(A)(ii)(I) of the CARES Act are as follows:
(aa) the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
(bb) a member of the individual’s household has been diagnosed with COVID–19;
(cc) the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19;
(dd) a child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID–19 public health emergency and such school or facility care is required for the individual to work;
(ee) the individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID–19 public health emergency;
(ff) the individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
(gg) the individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID–19 public health emergency;
(hh) the individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID–19;
(ii) the individual has to quit his or her job as a direct result of COVID–19;
(jj) the individual’s place of employment is closed as a direct result of the COVID– 19 public health emergency; or
(kk) the individual meets any additional criteria established by the Secretary for unemployment assistance under this section
My initial application indicated that businesses I am self-employed with were closed due to the governor orders, however the oncology team at the hospital has verified that I meet additional criteria to remain on UI.
And as much as I’m convinced my ass alone could bring back this economy, it’s not going to happen.
Although some states are slower than others, the national guidelines indicate we will all receive a similar letter at some point regarding our PUA in accordance with phase re-opening. I'm writing this post in hopes that no one is caught off guard should they receive this communication. Everyone has the right to get their ducks in order to protect their health and benefits.
And I'm sure if that letter I received from UI could have included a physical kick back to work it would have.
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