What If I Am Denied Benefits How Can I Appeal A Denial Of My Claim
You could be denied benefits for a variety of reasons, including not completing paperwork in a timely manner, not having enough wages during your base period, or being disqualified because you were fired from your last position due to misconduct, among many others.
If you are denied unemployment benefits, Florida allows you to file an online appeal, by mail, or by fax. You will have 20 days to do so from the time you receive your determination notice. After receiving your appeal, the agency will schedule a telephone hearing and an appeals referee will rule on your case. A decision will then be mailed to you.
If you disagree with this decision, you can make an appeal to the Unemployment Appeals Commission, again within 20 days after you receive your notice. Commissioners will review your information and issue another written decision.
If you disagree with the Commissions findings, you can appeal that decision to the Florida District Court of Appeal.
Unemployment Insurance Is A Joint State And Federal Program That Provides Those Out Of Work With Temporary Yet Steady Income To Help Them Financially In A Big Shift The Self
One year after the novel coronavirus pandemic began crippling the U.S. economy especially the job market the numbers remain discouraging: 18.2 million Americans were still filing for weekly unemployment benefits as of late February 770,000 workers filed initial unemployment claims in the week ended March 13 and the unemployment rate while improving slightly has plateaued around 6.2%.
For many laid-off workers, this may be their first time dealing with the unemployment-benefits system, a joint state and federal program that provides those out of work with temporary yet steady cash payments to help them financially while finding a new job.
The good news: A new round of stimulus coverage passed by Congress earlier this month known as the American Rescue Plan Act of 2021 further extends the period for those whove filed for unemployment benefits to receive supplemental weekly federal benefits.
Let us help you navigate the changing unemployment-benefits system to get you the help you deserve. The sooner you apply, the better.
Us Department Of Labor Announces New Guidance To States On Unemployment Insurance Programs
WASHINGTON, DC The U.S. Department of Labors Employment and Training Administration has issued guidance that provides overarching implementation information about unemployment insurance provisions contained in the Continued Assistance for Unemployed Workers Act of 2020, which is part of the Consolidated Appropriations Act, 2021.
On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021. The guidance provides states with important information about several provisions of the law, including the extension of programs first authorized by the Coronavirus Aid, Relief, and Economic Security Act earlier this year, as well as the creation of a new UI benefit for mixed earners.
The law extends the Pandemic Unemployment Assistance program created by the CARES Act, which provides UI benefits to gig workers and others not traditionally eligible for them. Under the law, the end of the period of applicability for the PUA program extends to those weeks of unemployment ending on or before March 14, 2021. In states where the week of unemployment ends on a Sunday, the last payable week of PUA is the week ending March 14, 2021 . For individuals on PUA who have not exhausted their benefit eligibility of up to 50 weeks, the program also provides for continuing benefits for eligible individuals for weeks of unemployment through April 5, 2021. The law also strengthens documentation requirements to ensure PUA program integrity.
- Extended Benefits
Recommended Reading: How Do I Change My Address For Unemployment Online
Did Not Work In Washington State
You cannot apply for unemployment benefits in Washington or file weekly claims here if you did not work in this state during the past 18 months. The only exceptions are if you were in the military or worked for the federal government.
You must file your claim with one of the state where you worked in the last 18 months. Contact each state where you worked to find out your claim options for those states.
Who Qualifies For Unemployment Benefits
Unemployment benefits are available to workers who are unemployed through no fault of their own, such as a layoff. Those fired for cause , or who leave voluntarily or refuse an offer for work, need not apply.
In March 2020, when the coronavirus first disrupted the economy, Congress granted unemployment benefits to workers who werent previously covered. Those who now qualify include:
- Workers permanently or temporarily laid off due to coronavirus measures
- Workers whose employers reduced their work hours due to coronavirus measures
- Self-employed workers who have lost income due to coronavirus measures
- Workers quarantined and unable to work due to coronavirus
- Workers unable to work due to risk of exposure to coronavirus
- Workers unable to work while caring for a family member due to coronavirus
Each state, district and territory sets its own guidelines for who is eligible for unemployment benefits and how much theyll receive. You must meet your states criteria for wages earned or time worked during an established period, known as a base period, which is usually the first four out of the last five completed calendar quarters before the time that your claim is filed, according to the U.S. Department of Labor.
The general rule of thumb is that unemployment benefits are based on a percentage of ones earnings roughly between 40% and 60% over a recent 52-week period, and paid out weekly over a period of between 12 to 28 weeks, depending on the state.
You May Like: How To Report Unemployment Fraud In Ny
Is It Worth It To Work Part Time While On Unemployment
The short answer is usually no, as long as youre earning less in part-time work than youre receiving in unemployment benefits. States generally encourage workers to maintain some connection to the workforce, says Michele Evermore, a senior policy analyst with the National Employment Law Project.
How Do I Win An Unemployment Appeal For Misconduct
How to win you unemployment appeal hearing after being discharged for willful misconduct.
You May Like: Bankofamerica.com/kdol
Get Your Paperwork In Order Before Filing For Unemployment Benefits
The better prepared you are, the faster your unemployment claim will be processed . Assemble supporting paperwork as if youre going to the Department of Motor Vehicles but with the reward of a paycheck.
Your Social Security number alone is not enough . You will also need to provide the name, address, phone number and dates of employment from your most recent employer. For most people, this is all you need. Some states, such as Utah, require a drivers license as a form of identification. If youre not a U.S. citizen, but legally authorized to work in the U.S., you will need to provide your Alien Registration Number . For ex-military, have handy your DD214 form, which is your certificate of release or discharge from active duty . Former federal employees will need to provide either their Standard Form 8 or Standard Form 50 . If you receive, or will receive, severance pay from your former employer, you will need to provide documentation detailing your payout. Qualified pension recipients should have their pension documentation at the ready.
Earnings And Work Requirements
Most states require one or both of two requirements for eligibility:
- A work requirement. In Alabama, for example, as in many states, you must have worked in at least two quarters of the base year. Other states, however, have slightly different rules. In Washington, you can work in only one quarter as long as over the base year you’ve worked at least 680 hours.
- An earnings requirement. Some states have a minimum total wage amount earned during the base year eligibility period others have a “highest quarter wages” requirement. In Texas, you must have earned your weekly benefit amount times 37.
The Texas earnings requirement calculation is complicated. First, you determine your weekly benefit amount, which is what you earned in your highest-paid quarter divided by 25. The benefit is capped at $454 per week. $454 times 37 gives you $16,798, the minimum amount you must have earned to be eligible for benefits at the maximum benefits cap.
If you’re applying for extended benefits in Texas, your total wages during the base year must be at least 40 times your weekly benefit amount. You must have also used all your regular benefits from previous claims and must be ineligible for unemployment benefits in another state.
Qualifying for benefits in Wyoming involves two separate base-year earnings calculations. You must earn a minimum of 8 percent of the average wage in Wyoming for the base year and have total earnings of at least 1.4 times your earnings in your highest-paid quarter.
You May Like: Washington State Unemployment Insurance
Do You Meet The Minimum Earnings Requirement
Virtually all states look at your recent work history and earnings during a one-year “base period” to determine your eligibility for unemployment. In Florida, as in most states, the base period is the earliest four of the five complete calendar quarters before you filed your claim for benefits. For example, if you filed your claim in October of 2021, the base period would be from June 1, 2020, through May 31, 2021.
During the base period, your work history and earnings must meet all three of these requirements:
- You must have been paid wages in at least two of the four calendar quarters that make up the base period.
- Your earnings during the entire base period must be at least one-and-a-half times your wages in the highest paid quarter of the base period. For example, if you earned $5,000 during your highest paid quarter, your total earnings for the base period year must be at least $7,500.
- You must have earned at least $3,400 during the entire base period.
Florida Unemployment Benefits And Eligibility
COVID-19 UPDATE: Because the coronavirus pandemic has left so many Americans jobless, the federal government has given states more flexibility in granting unemployment benefits. If you have questions about whether youre eligible for unemployment benefits read our COVID-19 Unemployment Benefits and Insurance FAQ and check out Florida’s claimant handbook.
Recommended Reading: How Do I Sign Up For Unemployment In Indiana
Unemployment Benefits In Florida During The Covid
On March 11, 2021, President Biden signed into law a $1.9 trillion COVID-19 relief bill known as the American Rescue Plan . The law extended a $300 per week federal unemployment supplement until September 6, 2021. However, the state of Florida decided to end this supplement early on June 26, 2021, citing labor shortages. That means the unemployment supplement is no longer available in Florida.
ARP also extended two unemployment programs originally created by the CARES Act in March 2020: Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation .
Under the PUA program, self-employed workersusually excluded from unemployment benefitsare entitled to unemployment if they meet certain criteria. ARP makes PUA benefits available through Labor Day 2021, and increases the maximum duration of these benefits from 50 to 79 weeks.
The PEUC program provides for a federally-funded extension of benefits when state unemployment benefits expire. ARP increases the maximum duration of PEUC benefits from 24 to 53 weeks, with an expiry date of September 4, 2021.
For up-to-date information on Florida’s rules on unemployment eligibility and amounts during the COVID-19 pandemic, visit the state’s main unemployment page for claimants.
How Unemployment Works In North Carolina
Also Check: Myflorida Flccid
You Forget Your Password
With overloaded websites and phone lines, now’s an especially crucial time to keep track of your username and password when you create an account with your state’s unemployment office. If you lose any of these details, it could seriously delay your application process.
Evermore says in some states, the only way to reset a forgotten password is to call the agency’s phone line, which won’t be quick or easy these days. Don’t count on getting an email to reset a password either overloaded websites may not have the capacity to send these out in a timely manner, if at all.
“In some states, the agency will have to physically mail you your password,” Evermore says.
Bottom line: “Make absolutely sure you keep track of your password.”
Us Department Of Labor Provides Additional Guidance To States On The Federal Pandemic Unemployment Compensation Program
WASHINGTON, DC The U.S. Department of Labor today a series of responses to specific inquiries and questions raised by states regarding the Federal Pandemic Unemployment Compensation program. Section 2104 of the Coronavirus Aid, Relief and Economic Security Act authorizes the FPUC program, and provides an additional $600 weekly payment boost to certain eligible individuals who are receiving other qualifying benefits. Todays guidance provides states with answers to important questions they may have about FPUC and provides further administrative guidance about the program.
With all 50 states and two territories already providing this important benefit to eligible claimants, we hope todays guidance assists these states and territories in continuing to faithfully execute this program during this challenging time, said Assistant Secretary for Employment and Training John P. Pallasch. The U.S. Department of Labor will continue to stand behind states as they administer this and other vital CARES Act programs, and todays guidance is yet another example of our ongoing commitment.
DOL encourages states to contact the Employment and Training Administration for . Inquiries may be sent to , with a copy also sent to the appropriate ETA Regional Office.
For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.
Recommended Reading: How To Sign Up For Unemployment In Missouri
How Unemployment Works In Florida
Heres a quick overview of how the unemployment insurance process works in Florida.
You Don’t Apply For Unemployment Insurance
If determining whether you’re eligible for unemployment, and actually applying for it, seems complex, that’s because it is. Every state determines who qualifies for unemployment aid and what the application process entails.
Recently, unemployment assistance has opened up to include nearly every person who’s lost work, through no fault of their own, due to the coronavirus.
“The biggest question I’ve been getting is, ‘My circumstance is X-Y-Z should I apply?'” says Michele Evermore, senior policy analyst at the National Employment Law Project, a nonprofit research firm. “And the answer to that is almost always ‘yes.'”
Workers will qualify for aid if they were laid off, furloughed or had their hours cut. You can also check with your state’s department of labor to determine additional eligibility, such as if you lost work because you were diagnosed with Covid-19, you’re providing care to a family member with the virus, you have to care for a child due to school closures, you’re unable to get to work due to closures or other qualifying reasons.
People who’ve seen a reduction in work hours and wages due to the virus may qualify for partial unemployment.
“In this particular period in history, getting an unemployment check isn’t good just for you, but it’s good for the local economy, and it’s an important public health measure,” Evermore says. “People need to take these benefits and not be making ends meet by going out to work.”
Don’t Miss: How Do I Get My Tax Papers From Unemployment
How Do I Find Out If I Am Eligible For Unemployment Benefits
“People are asking me, ‘Well, I have this weird situation where I worked here and then I worked there and I don’t know if I should apply,'” says Evermore. “My answer to that is ‘Just try it.’ Because the worst thing that can happen if you’re honest and you tell them exactly what your situation is, you get denied.”