Unemployment OverviewEligibility RequirementsThe unemployment system exists to provide a safety net for people who are out of work involuntarily. Traditional (i.e., not pandemic unemployment) eligibility rules that you can collect unemployment benefits in Massachusetts if you:
At the end of 2020, Congress passed the Continued Assistance Act, which required proof of prepandemic employment or self-employment that was impacted by COVID. In other words, you now have to show you had income from some source before COVID that you were prevented from earning because of COVID. Massachusetts DUA issued a June, 2021 deadline (later extended to July) for submission of this proof, stating that if proof was not received any payments after December 27, 2020 would be discontinued and/or considered over-payments. The Unemployment ProcessThe process begins with the initial application for benefits. You can do this in your first week of unemployment or partial unemployment. The application can be done online here.
After you submit your application, your employer will receive requests for information from the DUA. They will be asked about two main categories: your earnings history, to confirm eligibility and help calculate your weekly benefit, and the reasons for your separation from employment. Your employer does not have to respond, but if they do not return this information within the specified time, they will lose the right to appeal if you are awarded benefits. You may receive a "monetary determination" before you find out if you will get benefits. This is just the calculation of what you will receive if the DUA finds you eligible. You will separately receive an eligibility determination. If you are denied, you should immediately request an appeal. You have ten days to do this, but the process is simple. At this stage you simply need to request an appeal hearing- you will have time to determine what information and argument you want to present at the hearing once it is scheduled. The hearing stage is where many people retain an attorney, but you are not required to do so. If you are denied after the hearing, you have 30 days from the denial to submit an appeal to the Board of Review within DUA. Unlike the initial appeal, the Board of Review may not give you a further opportunity to submit information, so you should use the 30 days to gather any documents you did not have for the hearing, and to articulate your reasons you think the appeal decision was wrong. This is another stage in the process where you might consider hiring an attorney to assist you. If the Board of Review denies your appeal, your next step, if you choose to pursue it, is to file a complaint in District Court explaining why you think that decision was in error. |
The Overpayment Process
If you previously collected benefits, and have received a notice of overpayment, here is an overview of that process:
The notice of overpayment reflects a determination by the DUA, on review of your file, that you were not in fact eligible for the benefits you received. This is essentially the same, at least procedurally, as an initial finding of ineligibility. The notice should advise you of the time to appeal that determination. As with an initial denial, you can request an appeal right away, and the remaining steps in the appeal process are the same.
The notice should also advise you that you have a right to request a waiver of the overpayment- basically a request that they forgive those amounts. The DUA has the discretion to waive the overpayment if:
It is very important to know that requesting a waiver is not the same as appealing the decision. You can request a waiver any time, but you must request your appeal within the time specified in the notice. If you can reverse the underlying denial, you will not owe the money. If you cannot reverse it, it is up to the DUA's discretion whether to waive it. This means you should not miss the opportunity to overturn the denial.
The notice of overpayment reflects a determination by the DUA, on review of your file, that you were not in fact eligible for the benefits you received. This is essentially the same, at least procedurally, as an initial finding of ineligibility. The notice should advise you of the time to appeal that determination. As with an initial denial, you can request an appeal right away, and the remaining steps in the appeal process are the same.
The notice should also advise you that you have a right to request a waiver of the overpayment- basically a request that they forgive those amounts. The DUA has the discretion to waive the overpayment if:
- The overpayment was not your fault (i.e., you provided accurate information in your initial application but were approved anyway) and your current income is less than your expenses; or
- You used the money for something other than ordinary expenses (i.e., paying off a debt); or
- You gave up other benefit sources (i.e., welfare or paid family leave) because you received unemployment benefits.
It is very important to know that requesting a waiver is not the same as appealing the decision. You can request a waiver any time, but you must request your appeal within the time specified in the notice. If you can reverse the underlying denial, you will not owe the money. If you cannot reverse it, it is up to the DUA's discretion whether to waive it. This means you should not miss the opportunity to overturn the denial.
