[New York] PUA Documentation Troubleshooter

[rarapvpi]

@juan9080 First, I want to thank you for all your detailed responses here, I've read a lot of them and I can just picture the amount of time you spend helping others here.

Yes I do see this as a ridiculous piece of bureaucracy. I can't even find the piece of legislation that, either at the time, or since, lays out this 2019 work requirement given they waived work history requirements. Hell, this site from NYDOL says nothing about 2019 and lists "Place of employment closed as a direct result of COVID-19" and "Had insufficient work history and affected by COVID-19" as qualifying reasons to apply

I'm expecting we will end up having to appeal an overpayment notice before we can talk to anyone who will stop for a minute and use their brain.

 

[juan9080]

@rarapvpi

I can't even find the piece of legislation that, either at the time, or since, lays out this 2019 work requirement

It is inside the discrepancy link that I provided, it's Federal DOL guidance letter uipl 16-20 change 1, EDIT: CHANGE 4, ATTACHMENT 1, the the link is in that linked comment.

I'm expecting we will end up having to appeal an overpayment notice before we can talk to anyone who will stop for a minute and use their brain.

So start now with contacting legal aid organizations because in 3 months time they're going to be utterly swamped and unable to take on new clients or entertain any kind of consultation

 

[rarapvpi]

@juan9080 I read through the federal letter and it just requires proof from between Jan 1st 2019 and the effective date of the PUA application which I can easily meet. I'm trying to figure out what makes NY think that only documentation from 2019 can count. After all this is federal money that was given to the states to hand out so why would NY have different requirements to the federal notice?

You raise a good point about the lawyers being overworked in a few months.

 

[juan9080]

@rarapvpi I'm just a normal guy, and I operate this persona online as somebody who could reasonably find anything that is reasonably easily available online with a basic Google search, a reasonably low bar that is relatively attainable by most claimants, and I was having a discussion with somebody who is actually a hearings officer, and who has worked in multiple States DOLs about this discrepancy, and how their the gaps in the language of the federal legislations lead their experience, and my basic searching into some basic and resolvable differences in advice. read here on down

 

[rarapvpi]

@juan9080 haha, I get you, I do the same thing over on r/tax. I have no professional background on tax, but most things are a google search away.

 

[juan9080]

@rarapvpi Yep. The way that you were approaching the issue strategically and methodically, and the vocabulary diction that you chose indicated that you had some kind of background in some basic troubleshooting. That's why I shared with you that thread that we had not yet agreed how we were going to use, I believed that you would find utility in it, and I'm glad that you did.

So, all the way back to your initial question, when you send her W-2 for 2020 also send a letter with a copy of the uipl that clearly states that that kind of a document is acceptable, this would be with the intention that this information could be used to prevent overpayment where the appeal to the overpayment would have otherwise had higher success if this was included as soon as possible. I think you get what I'm saying

 

[juan9080]

@rarapvpi

After all this is federal money that was given to the states to hand out so why would NY have different requirements to the federal notice?

Apparently this has happened to a couple of states. But I mean.. .. .. I'm just some random ass fat dad in Tacoma Washington who has absolutely no background in anything to do with unemployment, all I do is Google the living death out of everything, so if I can find the discrepancy that it is not really that well thought out because I'm not even like a particularly intelligent person or anything. Also any actual experience of trying to recover overpayments, I certainly feel like it's going to cost more money to try to recover the money and do more damage than it would be to just leave it be paid. I guess I have another thing to Google the s*** out of

 

[juan9080]

@rarapvpi https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6973

This is the website, look at the bottom where it says attachments, click on attachment 1, it's on page I-10

 

[juan9080]

@rarapvpi 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:

• Added 4/26/2022 NY DOL: PUA Documentation: User Experiences After 60 days from 90 day Deadline

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

 

[jlynn96]

@juan9080 So I fall under category 4 pending employment. If I didnt get the job because of covid circumstances, but I dont have the letter still how can I acquire the form again? I can still contact the employer, but do I ask them to print out the info for me and sign it? What do I have to tell them to put on it?

 

[juan9080]

@jlynn96 If you have no income at all from any kind of task or source prior to your claim, even if it is minuscule since there is no minimum, and you fall under category 4 pending employment, and your question is how do you acquire the letter that you had?

First a friendly reminder that the deadline to submit these documents is in 3 months, not next Sunday, not next week, you have a lot of time.

Hmm. If it was set to you in email or in a particular program I would certainly search the email on the program extremely well.

I can still contact the employer, but do I ask them to print out the info for me and sign it?

The New York guidelines state documents need to be submitted for pending employment, the offer letter which must include the criteria that they mentioned, and the affidavit, which must include the criteria that they mentioned.

If you cannot find the offer letter, it would be wise to request it of the employer telling them exactly what New York will require in the document, the specific criteria, and, regarding the affidavit, you could either have them create it or you can have them create it and sign it and return it, I do not see any specific language in the New York site that says that one or either has to happen and it seems therefore like a false dilemma. Personally I would just want to make it easier for them and complete it for their signature.

Of course this is if no other income verification type documents could possibly be submitted.

 

[jlynn96]

@juan9080 I only had a few odd jobs and learning experiences to get my foot in the door for HVAC (which I later went to school for) throughout 2019, but no documents showing I did such thing.

I have looked through my main email, but I will comb through again and check my other email just in case. But I dont think I saved the offer letter... I personally know the employer so I can maybe meet with him and have him what is required. So I would need the offer letter remade AND the affidavit? Or one or the other? Sorry for the followup questions I appreciate your time!