[all states] Did you get a PUA Backdate denied in 2021? DOL directives say PUA Backdates should be AUTOMATIC in 2021. No denials. Hope this helps!

[hami_htm]

So that means a stressful, delayed appeal (like I had to go through) is not necessary for Backdating!

I'm trying to save others from going through this, or help you get your Backdate denial reversed.

I'm talking to a stone wall in my state NM, unfortunately. Please let me know if anyone has any luck in other states.

IF your Backdate in 2021 was denied, try to show your UI Dept. this info:

DOL Directives say:

States must include a question on their initial PUA application to determine when the individual first became unemployed, partially unemployed, unable or unavailable to work because of one of the COVID-19 related reason(s).

With this information, states must AUTOMATICALLY BACKDATE the PUA claim to the week that the individual first met the requirements for PUA (subject to the \limitations described in Section C.15. of Attachment I to UIPL No. 16-20, Change 4).*

https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20_Change-6.pdfSection 4b, under Guidance, (on pg 7 of the PDF) Sept. 3, 2021

Also mentioned here:

https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20_Change_1.pdfSection B, Claims Filing, Question 4 (on pg 5 of the PDF) April 27, 2020

*limitations

*limitations described in Section C.15. of Attachment I to UIPL No. 16-20, Change 4)if you applied after Dec. 27, 2020, Backdate is limited to Dec. 1,2020 or to the first week you were unemployed due to COVID-19*, whichever is later.*https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20_Change_4.pdfSection iii (on pg 4)

 

[jimmccallister]

@hami_htm Is this actually a thing? I haven't seen people being unable to backdate their PUA claim to December 2020. Our PUA system here allows you to enter the date and your claim automatically starts there, you just can't backdate to before December.

In one of your above comments you're talking about a two week delay. Doesn't even make sense. If you lost employment in 2020 and filed PUA in 2021, you backdate to December. What two week period are you being denied?

 

[hami_htm]

@jimmccallister Yes, that's how its supposed to work. I tried to explain it does not make sense. My backdate was denied including the waiting week because they felt I should have applied the day I was laid off due to Covid. Problem is, self employed people don't get laid of. They often don't lose all their work in one single day. Their clients start spending less and less, or stop ordering completely. Then you realize there's big trouble and apply for PUA. So our UI dept is not treating PUA like it's for self employed or gig workers. They reject backdates because they say " your excuse for requesting to backdate is not good enough. You haven't shown good cause." They missed a memo somewhere from DOL. DOL said, in the Cares act directives they send out, Back dates are automatic, do not require your claimants to prove good cause." But the UI dept did make me go before a judge and try to prove good cause. (3 month delay to appeal to the judge.) Since"good cause" is subjective, the judge said I failed to prove good cause for the backdate. (But I should never have had to go thru that.) They force you thru hearings/appeals for not-relevant things. As for the waiting week, I applied about May 7 and my first check was May 25 - so there is a week missing there. Waiting week is specifically waived on our newmexico.gov website. But the UI dept feel they don't have to follow rules, I guess. So I think they should get audited. Its like 1984 pr Catch22 or something here.

 

[jimmccallister]

@hami_htm So you're not able to backdate your PUA claim when you file it? We just file and put in our last day worked and it automatically backdated but for regular UI, you can't do that and have to request it and are denied without good cause. So this sounds like a state specific issue and I would check on the waiting week because I'm sure it was waived and there's just confusion around your claim's start date.

 

[hami_htm]

@jimmccallister Right. Here they treat any backdate as a request. That's either because they got the rules confused with regular UI, or they want to tire you out so you give up. I showed links and screen shots. Its like a big brother state here. That's why I need the Fed to review. Its like the twilight zone.

 

[hami_htm]

Also, I put up a Petition to ask the Fed to audit States (especially those that show mostly rejected claims in their data.) I was thinking if the Fed sees mistakes, and reverses some of the eligibility denials and/or backdate denials, they could at least give us the Federal part of the benefit. Please sign and/or share:

https://www.change.org/Fed-Must-Review-Denied-COVID-UI-PUA-Claims

 

[metalheadkara]

@hami_htm This is super interesting! Thanks for posting. It also says that anyone filing a pua as self employed has to show proof of self employment to be eligible for benefits, like a business license, tax documents, etc. And edd can verify taxes paid by the business with the franchise tax board (attachment 1, c2).

This will definitely weed out a ton of the fraud claims!

 

[resjudicata]

@metalheadkara Is that what people did? Are they going to be liable for it since it was in their name or...? I was wondering just how so much fraud happened, I don't know anything about taxes though.

 

[hami_htm]

@resjudicata I'm talking about states denying retro benefits, not about regular people committing fraud. If someone commits fraud in your name though, no it would not be your fault. Like if they got you Social Sec # and a fake ID, and applied pretending to be you. That's not your fault. But it could delay your benefits until they figure out it wasn't you.)

 

[hami_htm]

@resjudicata I'm talking corruption on the part of the States. They are denying backdates because 'there's no excuse for applying late". But you don't need an excuse--DOL says the states are supposed to believe that part of your claim--and just make sure you are otherwise qualified. Make sure you were really self-employed, make sure you are not pretending to be someone else (identity theft), make sure you were really not working/earning money while getting the benefits. If all else is proven, you don't need to prove good cause for applying a couple weeks after your business started to fail. Most self-employed don't lose work in a single day. It takes a while to realize "why are my clients not calling?" Why is my business getting really slow? " So the "excuse" for not applying for PUA right away makes sense and the State jas to find another reason to deny a claim. They can't say "sorry --you can't get benefits for the past two weeks, because you should have applied back then."

 

[metalheadkara]

@resjudicata Yes, but a TON of fraud is from people saying they're self employed and filing pua claims when they really aren't. We're going to be seeing a LOT of people's claims get retroactively disqualified because they can't provide any real documentation.

As far as the backdating issue, I haven't seen a lot of people get this rejected for lack of good cause. Most of the rejections I see are from people who can't match verify their id when making the request.

 

[hami_htm]

@metalheadkara Right, DOL told states to concentrate on fraud/identity theft and people who cannot show they 've ever received selfemp income. They let scammers thru but that doesn't mean they can deny backdating if you're qualified for PUA. They never asked me for my ID. Instead they wasted time with denying a backdate. You and I know different people, because I know many who got their backdate rejected when that part is supposed to be a no-brainer. They like to reject for" no good cause" because it's hard to prove, subjective. DOL wanted them to concentrate on cut and dried things. Like period of SE and identity. But they don't have to follow rules they feel.

 

[msena7374]

@hami_htm Can a claim for backdated PUA still be filed after the cutoff date on September 4th? I only recently became aware I was eligible when I became unemployed last december so I tried to file but the rep is claiming the answer is no. Trying to find out if it's worth fighting them on or not. I'm in Michigan.