Unemployment Insurance Packet

Questions and Answers
on Unemployment
A Massachusetts Legal Aid Primer 
1. I lost my job. Am I eligible for unemployment insurance?
Generally, you are entitled to unemployment insurance (UI) if: you are totally or (in some cases) partially unemployed; you lost your job through no fault of your own; you have earned at least $3,500 and worked approximately 15 weeks in roughly the prior 15 months; and you are capable of, available for and actively seeking work.
2. How do I apply?      
You can file a claim or check the status of your claim with the Division of Unemployment Assistance (DUA). Call 617-626-6800 or in area code 351, 413, 508, 774 or 978 call toll-free 1-877-626-6800. Call between 8:30 a.m.-6:30 p.m. Monday-Friday and 8:00 a.m.-1:30 p.m. on Saturdays. To reach a DUA agent quickly, call on Monday if the last digit of your social security number (SSN) is 0,1 or 2; Tuesday for 3,4 or 5; Wednesday for 6 or 7; Thursday 8 or 9; any last digit Friday or Saturday. The state’s 35 career centers also provide UI walk-in services. For same day service, make sure you arrive at the career center before 8:30 a.m. For a list of career centers go to www.mass.gov/dua. When you apply, be sure to have your SSN, the names and addresses of your employers for the last 15 months and the SSNs of your dependent children. If you are a non-citizen, have your A# handy. If you are monetarily eligible, you will receive a Benefit Determination Notice. Make sure it includes all your wages accurately.
3. How is the decision made?
DUA will contact all your employers from the last 15 months. The most recent employer must respond within 10 days. If any employer during your last eight weeks of work protests your claim, DUA will contact both you and your employer and a claims adjuster will make a decision, generally within 30 days.
4. Is DUA’s decision to grant or deny unemployment insurance final?
You have 10 days to appeal the decision (up to 30 if the delay is for good cause). However, if you cannot appeal sooner because your English is limited, you have up to 60 days, or if it the delay is because no information was presented in your primary language, there may be no limit. DUA then holds a hearing. If you lose, you have 30 days to appeal at the Board of Review, after which you may appeal in District Court. You can also request a reconsideration within a year of the first determination and/or seek a waiver of any overpayment owed. Being represented greatly increases your chances at DUA hearings. Call legal aid for assistance.
5. How much will my unemployment check be?
You should receive 50% of your average weekly gross, based on the two highest quarters in the prior year wages, up to the maximum ($629 per week, adjusted each year by October 1). Because the unemployment rate is high now, you may receive an extra $25 per week. You may also receive an allowance, capped at 50% of your benefit rate, of $25 per dependent child (including children in your custody pending adoption). Children can be up to 18 years old, 24 for full-time students, or any age if incapable of earning wages due to mental or physical disabilities.  
6. Once the checks start, do I need to do anything?
You must certify weekly that you are actively seeking work even if you are initially denied UI. Do this by calling DUA at the above numbers Monday-Friday, 8:30 a.m.-6:30 p.m. and 8:00 a.m.-1:30 p.m. on Saturdays, or online at www.mass.gov/dua/webcert Sunday-Friday, 7:00 a.m.-7:00 p.m., for the current week only. You may also have to go to a career center seminar. If you fail to do so, your UI check may be delayed or stopped.
7. How long will I be able to collect unemployment if I can’t find a job?
Regular benefits may last up to 26 weeks (30 weeks when there are no federal extensions), but if your earnings fluctuated or you worked less than a year you may receive far less. The high unemployment rate has triggered federal extended benefits that allow for up to an additional 73 weeks of benefits beyond the usual limit of 26, however, this may change in April, 2010 (although more likely in December, 2010). To get extended benefits, you must have worked the equivalent of 20 weeks and run out of regular benefits. Benefits may also be extended to get DUA-approved training.
8. How is the unemployment program funded?
Most employers pay an unemployment insurance tax based on the taxable wage base, the number of employees and the number separated from employment in the past year. Most pay only on the first $14,000 of a worker’s yearly wages. Non-profits and governmental employers have the option to self-insure.
9. I had to leave work when my childcare fell through. Can I collect?
Leaving work for compelling personal reasons, such as to care for an ill parent or deal with a child care crisis, may not disqualify you. However, you will need to show you took reasonable steps to preserve your job, such as requesting a leave of absence or change of hours, and you can only collect when you are available for work again.
10. My supervisor swore at me constantly and I finally quit my job to save my sanity. Am I eligible?
Yes, if you can prove that you quit your job for good cause attributable to the employer, but again you may need to show that you took reasonable steps to preserve your job, such as bringing the problem to your employer’s attention.
11. I left my job to get away from my abusive partner. Am I eligible?
Yes, you are eligible for UI if you left or were terminated from a job due to domestic violence on yourself or a dependent child or the need to address the physical, psychological and legal effects of domestic violence.
12. I was fired. Am I disqualified from receiving UI?
Only if the employer demonstrates that you were fired for deliberate mis-conduct in willful disregard of the employer’s interest; or a knowing violation of the employer’s reasonable and uniformly enforced rule or policy; or conviction of a crime. For the first two reasons, the employer must show that the conduct was intentional and not due to your incompetence, and that you knew you were doing something wrong.
13. I’ve been working in this country for many years, but I’m not a citizen. Am I eligible for UI?
Non-citizens with work authorization are eligible, including legal permanent residents and many other immigration statuses. UI receipt will not interfere with obtaining permanent status. If you are denied UI due to immigration status, call 617-603-1810.
14. I am collecting UI and have been offered a part time job. If I accept will I lose my whole UI check?
You must report all earnings, but you can earn up to a third of your weekly benefit rate without reducing your UI check; earnings above this amount are deducted dollar for dollar from the UI check, but this will not reduce the total amount of benefits you can collect. Note that if you quit your part-time job for a disqualifying reason, deductions will continue to be made from your check. Also, under current federal law, after your benefit year ends (the 52 weeks after filing a state claim), if you have had interim earnings, you must file a new state claim. This has resulted in many claimants getting a lower UI benefit. Please call 617/603-1810 if this has happened to you.
15. Can I participate in training while receiving UI? NEW RIGHTS!
Yes, you can participate in training approved by DUA if you are permanently separated from your employer, you are unlikely to get a suitable job with your current skills and you need training to get work. DUA will approve full-time programs for up to two years for vocational/technical or three years if training includes basic skills or ESOL. You can get up to 26 weeks of extended UI benefits during the training. Note: Normally you have to apply for training within the first 15 weeks of a new and continued claim, but this policy has been suspended. For information about training, go to www.mass.gov/dua and search for “one stop career centers.” Unemployed workers now also receive special consideration for Pell Grants that cover up to $5,350 in education and training. For more information see: www.opportunity.gov.
16. How can I get health insurance while I’m unemployed?  NEW RIGHTS!
 
Under a new federal law, substantial federal subsidies can help pay for continuing workplace coverage under COBRA. If you left work involuntarily or experienced a loss of hours that terminated health insurance that was followed by involuntary termination between 9/1/08 and 3/31/10 for any reason but gross misconduct, you will only have to pay 35% of COBRA premiums, unless your income is over $125,000. For unemployed workers with incomes up to 400% of the federal poverty line, the 35% is further subsidized by the Massachusetts’ Medical Security Program, which pays up to 80% of the worker’s share of premiums, reducing the cost to 7% of the COBRA premium. The new federal law also extends the time to enroll in COBRA for some individuals, including those whose hours were reduced. If your opportunity to continue health insurance has passed, or the cost is still too high, you may be entitled to participate in a direct coverage plan that includes family members. Call 1-800-908-8801. Complete your MSP application now to get covered as soon possible. See: www.dol.gov/ebsa.
 

 

17. Can I get benefits after I’ve completed a job through a temp agency?
Yes, but you must first contact the temp agency to see if they have any more suitable jobs for you. Call your legal aid program or 617-603-1810 for help if you have denied UI after a temp job.
18. Is UI taxable?
Yes, although the first $2,400 received in 2009 is exempt. You can choose to have taxes withheld. If you do not withhold, you will be responsible for taxes owed at tax time.

 

 
 
 
This information is general in nature and not intended as legal advice. NOTE: changes in federal extended benefits and COBRA are expected so please check www.detma.org and www.dol.gov/ebsa. Generally the income eligibility limit for legal aid is 125% of the federal poverty line (or $530 per week for a family of four), although there are exceptions (e.g. elders). Federal poverty guidelines are revised each year. Because their funding is limited, legal aid programs cannot serve all eligible callers.
 
Written by Monica Halas, Greater Boston Legal Services, with additions by Richard McIntosh, South Coastal Counties Legal Services
Produced by the Massachusetts Legal Assistance Corporation, March 15, 2010
 
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