Massachusetts COVID 19 Unemployment Benefits
The COVID-19 pandemic has left hundreds of thousands of Massachusetts workers fully or partially unemployed. Some job loss is due to businesses closing pursuant to social distancing orders. Others are due to cost-cutting by employers economically distressed by the outbreak, or difficulty getting to work and working safely in the crisis.
There have been several legislative responses to the coronavirus outbreak at the state and national level over the past several weeks. Many affect employees' rights to unemployment benefits, but not all federal changes have yet been implemented by the Massachusetts Department of Unemployment Assistance ("DUA").
Navigating unemployment can be a challenge under ordinary circumstances. It is particularly frustrating now, as the rules are changing and the DUA staff is overwhelmed with applications. Below are some answers to the most frequently asked questions we have been hearing over the last weeks.
There have been several legislative responses to the coronavirus outbreak at the state and national level over the past several weeks. Many affect employees' rights to unemployment benefits, but not all federal changes have yet been implemented by the Massachusetts Department of Unemployment Assistance ("DUA").
Navigating unemployment can be a challenge under ordinary circumstances. It is particularly frustrating now, as the rules are changing and the DUA staff is overwhelmed with applications. Below are some answers to the most frequently asked questions we have been hearing over the last weeks.
How to File for UnemploymentThis part has not changed. The DUA recommends that you file online using their online application. You can also apply by telephone following the directions on this page. If you have special circumstances and are having trouble with the online application, the phone service might be a better answer for you, though it will be time consuming.
Filing Unemployment for Self-Employed Individuals and Independent ContractorsPart of the federal government's most recent COVID 19 relief package was the Pandemic Unemployment Assistance. Under this program, self-employed individuals and people classified as independent contractors are supposed to be eligible for unemployment benefits.
Massachusetts, however, has not yet implemented the new rules. This means many people have gone to apply only to be shut out of the online application because the system is simply not yet set up to handle this kind of claim. According to the DUA, the PUA benefits will be retroactive to the week ending February 2, 2020 once they are able to be processed. This means that even if you have to wait a week or so to be able to apply for unemployment benefits, once approved you should be eligible to receive benefits going back potentially as far as February 2. How Does the Additional $600/Week Benefit WorkOne feature of the coronavirus aid relief passed by Congress is an additional weekly benefit of $600 for people collecting unemployment. This is a flat amount to be added to everyone's weekly benefit, whatever that benefit is. For example, if your Massachusetts benefit at 50% of your prior pay is $300 a week, your new benefit will be $900 a week for four months.
Though there is little guidance on this question on the DUA website, it appears from other sources that this amount is also applicable to partial unemployment cases. In other words, if you are collecting unemployment because of reduced hours, the full $600 may be added to that benefit as well. The DUA's most recent communication on this subject is: "DUA is moving swiftly to add an additional $600 to the weekly benefits received by traditional unemployment claimants, retroactive to March 29, 2020." This means that if you are already collecting total or partial unemployment, you should receive retroactive benefits once the DUA has implemented the change, and should not have to take any additional action. |
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Collecting Partial Unemployment
If your hours are reduced but you do not lose your job entirely, you should still be entitled to collect. Your state benefit should be 50% of the income you lost, plus the additional $600 from the CARES Act.
You may need to prove your reduced hours. If you don't want to wait until your next pay period to receive a paystub showing the reduced hours, you may be able to get your employer to provide information to speed up processing.
You may need to prove your reduced hours. If you don't want to wait until your next pay period to receive a paystub showing the reduced hours, you may be able to get your employer to provide information to speed up processing.
Unemployment and Severance Pay
If you have been laid off and paid a severance, that may or may not affect your unemployment benefits. A severance payment that requires you to sign a release of legal claims against your employer does not count against unemployment. That means if you had to sign an agreement releasing claims, you can file for unemployment immediately even if you are still receiving payments.
You should disclose the severance to the DUA. You should also be prepared to provide a copy of the agreement to prove that you signed a release. If your benefits are initially denied because of severance pay, you should request an appeal hearing. You will be able to provide and explain the terms of the severance at that point if they have missed it in the initial review.
You should disclose the severance to the DUA. You should also be prepared to provide a copy of the agreement to prove that you signed a release. If your benefits are initially denied because of severance pay, you should request an appeal hearing. You will be able to provide and explain the terms of the severance at that point if they have missed it in the initial review.
What To Do If You Are Denied Unemployment Benefits
Many legitimate claims are denied in the initial DUA review. We expect this to increase as the DUA staff is increasingly overwhelmed by the volume of applications.
Requesting an appeal is simple. There should be instructions in your notice of denial. Essentially you just have to return the form, or complete the appeal request online, within ten days of the notice of denial.
After you request an appeal, the DUA will schedule a hearing and send you notice of the date, time and place. You should be prepared at the appeal to offer evidence (this includes your testimony) about the reasons you should be eligible for benefits.
Requesting an appeal is simple. There should be instructions in your notice of denial. Essentially you just have to return the form, or complete the appeal request online, within ten days of the notice of denial.
After you request an appeal, the DUA will schedule a hearing and send you notice of the date, time and place. You should be prepared at the appeal to offer evidence (this includes your testimony) about the reasons you should be eligible for benefits.
When to Get a Lawyer to Help With Unemployment
In ordinary times, there is generally no need to hire an attorney to process the initial claim. The online and telephone applications are relatively straightforward and easy to use.
The coronavirus pandemic has created challenges for the unemployment system. One is sheer volume- the number of applications the DUA is processing has skyrocketed since mid-March. This means if you have a specific circumstance like a severance agreement or any ambiguity about the reasons for termination you have a higher chance of getting denied in the initial review.
If you do get denied, there is an appeals process (see above). If you are worried about a delay in your benefits, it may help to have an attorney walk you through the application to make sure you are maximizing your chance of immediate approval.
If you are denied and request a hearing, an employment attorney can make a big difference in the outcome. This is because we know the standards for benefits and the hearings process. We are also experienced in cross examining witnesses, in case your employer sends a representative to the hearing to challenge your right to benefits.
The coronavirus pandemic has created challenges for the unemployment system. One is sheer volume- the number of applications the DUA is processing has skyrocketed since mid-March. This means if you have a specific circumstance like a severance agreement or any ambiguity about the reasons for termination you have a higher chance of getting denied in the initial review.
If you do get denied, there is an appeals process (see above). If you are worried about a delay in your benefits, it may help to have an attorney walk you through the application to make sure you are maximizing your chance of immediate approval.
If you are denied and request a hearing, an employment attorney can make a big difference in the outcome. This is because we know the standards for benefits and the hearings process. We are also experienced in cross examining witnesses, in case your employer sends a representative to the hearing to challenge your right to benefits.
How Can We Help?
We can help you assess whether you are entitled to benefits, assist with your initial application, or help you in the DUA appeals process. We routinely conduct consultations and meetings by phone or video-conference, so you can reach out without increasing your exposure to the virus. You can use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
