[New York] PUA Documentation Troubleshooter

juan9080

New member
Hi

(This is an extrapolation from https://dol.ny.gov/pua-documentation)

[h4]------Added-------[/h4]

Please. Also consider reading this clarification/explanation:


[sup]This clarification exists mostly because of [this question and answer on a UIPL Guidance letter]( [/sup], which predates the CAA, the federal legislation that came out 5 months after this was written, which included the need to substantiate connection to the United States job market in the same calendar year immediately before the claim, for the calendar year that occurred prior to the claim. Also see the notation on the discrepancy below, in Additional Considerations)

[h4]-----Deadline to Submit Docs-----[/h4]

NY DOL has extended the deadline in an announcement on Twitter for all submissions to July 1st, 2022

[h4]-----Timeframe-----[/h4]

The document that demonstrates connection to the United States job market must represent the connection within a well-defined time frame:

"If the claim began on March 29th 2020, the document needs to represent sometime in between January 1st, 2019, and March 29th, 2020"

And/or

"If the claim began on March 29th 2021, the document needs to represent sometime in between January 1st, 2020 and March 29th, 2021"

This is why

[h4]----Troubleshooter-----[/h4]

[sup]The vast majority of all Pua claims started in 2020, and that is why the very first question here asks about 2019, as this would be by far and away the time frame in which the most people who filed a Pua claim would be producing a document that demonstrates a connection to the United States job market before their claim began, however as you just read related to the time frame, it is simply that the document must represent sometime before the claim in the same calendar year, and/or in the calendar year that preceded the year in which the claim was filed, so, if your claim started in 2021, simply replace the 2019 below with 2020.[/sup]

This is why

[h4]-------[/h4]

1. Did you perform any tasks for money in 2019, even if it was "just a little bit / a few sales/all cash/freelance, etc, OR an unpaid internship? [sup]regardless of what state the work was performed in, because after all this is a federal request[/sup]

  • If yes, paid, go to A, if *unpaid** go to 7., if no go to B*

A. Were any of these in employment or self-employment?

  • If Employment, to 2. If self-employment, go to 3, if neither, go to B

B. Were "you were planning to begin self-employment but were unable to work due to the COVID-19 pandemic", or "you were offered employment but were unable to work due to the COVID-19 pandemic,"?

  • If yes, go to 4, if no, go to 5

2. Do you have any w2s, pay stubs, earnings and leave statements, or any other documentation demonstrating that you are paid by an employer, including 1099 for mis-classified employees?

  • If yes, then submit the documents, If No, go to B

3. For 2019, do you have a 1040, a schedule c, a 1099, business receipts, business licenses, state or federal employer identification numbers, or, if not, can you get an affidavit signed by a previous client indicating that you are employed in self-employed work.

  • If yes, submit the documents, if no, See C

C. Did you do a little bit of self-employed work, but you did not file taxes, or you did file taxes but you did not report the self-employed work because it was so little? [sup]There is no minimum threshold of earned self-employed gross income to file a Schedule C, although gross income above $400 is taxable[/sup]

  • If yes go to 6. If no go to 5

4. New York website says:

For Pending Employment
  • Code:
    Submit the following
    documents [sup]€[/sup]
    Code:
    to substantiate pending employment:
  • Code:
    Letter Offering Employment - This letter must include the name of the employer who issued the letter offering employment, the employer’s address and phone number, and the date of the letter offering employment.
  • Code:
    Statements or affidavits by individual(s) verifying the offer of employment - The affidavit must include the date of your pending employment, name, and contact information for the person(s) verifying your pending employment.
For Pending Self-employment
  • Code:
    Business License, State or Federal Employer Identification Numbers, Written Business Plan(s) - The business plan(s) should include the name of your business and the date of the plan. Lease Agreements, Other Documents
  • If you have any of the above documents, each independently are acceptable, if you have more you can submit more, but New York does not list a preference. You have 3 months to obtain these documents and to submit them. If after 3 months you cannot or could not obtain these documents, see number 5

5. So you did not work in 2019, you did not do anything for money, you were not in any conversations for hiring for employment or self employment, and no one would provide an affidavit that there was an offer of employment, including the criteria required? Then unfortunately, see this reply

6. Great, then you have a solution. You need to file your 2019 taxes if you have not already, or you need to amend your 2019 taxes. You're going to probably need to work with a qualified tax professional, after you do this you'll be able to submit your schedule C and you'll be able to comply with this request. See this excellent self employment wiki. Not complying with the request is frankly catastrophic for your life, all other outcomes beyond submitting the schedule see are acceptable, therefore There is no deadline to file taxes late and if there is a penalty it is certainly less than the catastrophic consequence of not submitting the schedule C. There is no minimum amount of income, nor positive, nor negative, nor number of sales in order to file taxes for 2019. You need to file taxes for 2019 to get your schedule C to submit to this request to comply not doing so is catastrophic for your life. The time it takes for a qualified tax professional to create your tax return for 2019 and your subsequent Schedule C is about 1 hour, whereas you have 3 months to comply with this request so Gather what documents you have from yourself employment from 2019, take them to a qualified tax professional and have them file taxes for 2019. Because you have 3 months to complete a task that takes 1 hour, I am sure that you will do fine. On the website for New York does it say, that the tax documents must have been previously accepted by the IRS to be valid? No it does not, that is not written anywhere, however, can we both agree that the likelihood that the 2019 taxes will be accepted within 3 months is extremely high? [sup]¥[/sup]

7. NY has 2 requirements for you:
  • Code:
    If you were employed by the Peace Corps, AmeriCorps, and educational/religious organizations, you may use the documents above to substantiate your employment or...
  • Code:
    Documentation provided by these organizations (if you cannot provide any of the documents listed above. Please note, this documentation must include the organization’s name, address, and phone number. It must also indicate your employment relationship to such organization.
OR
  • Code:
    Signed affidavits from person(s) verifying your attachment to such organization - The affidavit must include the name and contact information for the person(s) verifying your employment.
[h4]Additional Considerations[/h4]
[h4]Other posts that apply directly[/h4]


[sup]This post may be updated as corrections or additions are made. It is your duty to ask if the information is up to date.[/sup]

 
@juan9080 I emailed my employer from NY yesterday if they could send a copy of my w2 form but they haven't said anything yet. I looked up what if I could get my w2 somehow else and it seems that I can order it from the IRS/SAA for a fee of about 90 dollars and it can take up to 75 days which is more than what the email said which would mean I would be out 90 bucks and might not even get my form in time. I did go through the IRS and found my transcript for 2019 though which has the statements for my W2, tax statement, and 1098t form but doesn't seem to be the real thing, would sending this transcript be good enough if my employer is unresponsive?
 
@erik1611 Part of the reason for this requirement is to prove you are the one who is in control of this claim. So, that is why they need a W-2 or your tax forms.

A transcript does not comply. Most W-2s are available on line somewhere.
 
@erik1611 Hi,

In the interest of being a good moderator and human I am going back over replies related to the Pua documentation request from New York, humbly asking you to participate in a poll to generate aggregated user experience data that can be analyzed to help understand and even make predictions:


(I am hosting this on r/UnemploymentNY because the regular unemployment sub does not allow polls but this information will still be shared openly.)
 
@erik1611
1098t form but doesn't seem to be the real thing, would sending this transcript be good enough if my employer is unresponsive?

Correct, that is categorically not listed on the New York website

You should search your emails for the word W2

Some employers use third party companies to administrate payroll, like Honeywell or adp, it's possible that you have a login from one of those sites that has your W-2 waiting for you
 
@juan9080 Sorry there may be a mistake in B

Job rescinded in 2019 does not count.

Going to offer a job is not offering a job.

What does expecting to be self employed mean?
 
@issakkk It depends what time frame the 1099 is covering and when the claim started, as per the website, as long as it represents the year prior to the year in which the claim was generated, then New York lists 1099s as acceptable for misclassified employees as well as self-employed individuals
 
@issakkk Hi,

In the interest of being a good moderator and human I am going back over replies related to the Pua documentation request from New York, humbly asking you to participate in a poll to generate aggregated user experience data that can be analyzed to help understand and even make predictions:


(I am hosting this on r/UnemploymentNY because the regular unemployment sub does not allow polls but this information will still be shared openly.)
 
@juan9080 Hey, I already submitted my w2 from 2019. I'm thinking about submitting an affidavit from a company that was supposed to hire me in March 2020 but couldn't because of covid. I also have an email from trader Joe's saying that they declined me but it didn't specify that it was due to covid. What do you think I should do? Should I submit the letter of affidavit or not? Thanks
 
@resjudicata
Hey, I already submitted my w2 from 2019

If you started your claim in 2020 this is sufficient. If I were you I would not do anything else. W2 clearly shows not just an attachment to the job market, but an actual participation
 
@daughtermolly Please refer to the website, does the website say that there must be a minimum job length or a minimum amount earned for the W2 to be acceptable? No it does not. If your claim started in 2020 and you we're employed in 2019 and you have a W-2 for 2019 and the New York website says that if your claim started in 2020, and for those people who were employed in the year prior to their claim, 2019, that one of the acceptable documents is a w-2, then your W-2 for 2019 is acceptable
 
@daughtermolly Hi,

In the interest of being a good moderator and human I am going back over replies related to the Pua documentation request from New York, humbly asking you to participate in a poll to generate aggregated user experience data that can be analyzed to help understand and even make predictions:


(I am hosting this on r/UnemploymentNY because the regular unemployment sub does not allow polls but this information will still be shared openly.)
 

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