Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2013
    Posts
    6,931

    Default Pua Question on Income Varification

    My question involves labor and employment law for the state of: NJ

    I am self-employed and was working as an IC under contract for a company. Furloughed 4/1/20. Filed for UI and was approved with a date of claim 4/5/20.

    According to the NJ unemployment website, it says that you will receive the greater amount of $231 (the minimum benefit) or 60% of your weekly pay whichever is greater up to the maximum of $713.. But since there are no wage records from the company for an IC, your income will be verified from tax records for at least 2 years (2018 and 2019) . I assume that NJ DOL has access to my NJ tax returns.

    This is what is posted on NJ Unemployment website for self-employed persons:

    2.
    How much is PUA?
    PUA potentially provides the same amount as regular unemployment (60% of your average weekly salary, up to a
    maximum of $713 per week) for up to a total of 39 weeks. The PUA amount for the self-employed is calculated using prior year(s) tax returns if wages are not reported through wage records. The PUA minimum, for businesses operating at a loss or with insufficient income to qualify for benefits, is $231 per week. PUA benefits are considered taxable income. PUA recipients are also eligible for an extra $600 per week, also taxable. The $600 per week is retroactive to the week ending April 4, 2020, and ends the week of July 25, 2020.
    https://myunemployment.nj.gov/labor/myunemployment/assets/pdfs/CARES_FFRCA.pd


    They funded my account to pay only $231 per week in regular benefits. If I take my 1099's from either 2018 or 2019 from the company and divide by 52 weeks (or whatever base period you want to use) my weekly pay at 60% far exceeds the $713 maximum. That is obviously a big difference in benefits.

    I have tried to call for information, I have emailed them and just get back a no-reply@dol.nj.gov form response that provides no information on the inquiry, and I have sent a letter to the offices in Trenton to which I have not gotten a response.

    Does it matter that I did not work a full 40 hours per week to make what my weekly pay was? Should I just sit back and wait for UI to get to income verification or should I file an appeal? And if I file an appeal, would that effect my current benefits?

    Thanks

  2. #2
    Join Date
    Mar 2012
    Posts
    1,358

    Default Re: Pua Question on Income Varification

    Quote Quoting budwad
    View Post
    Does it matter that I did not work a full 40 hours per week to make what my weekly pay was?
    No.

    Quote Quoting budwad
    View Post
    Should I just sit back and wait for UI to get to income verification or should I file an appeal?
    Depends on what happened when you applied for UI. I haven't read a very good write up from NJ about what happened during the application process. Of the ones that I was following from other states after the PUA application became available, claimants were able to self report their income and UPLOAD proof. Many still got only the minimum even with the additional proof. It's as though no one in the UI agency was reading it, and it's impossible to say if or when anyone will ever look at it.

    If you can get an appeal hearing in NJ, that just might be what you have to do to force the issue, or search really hard on the internet to find someone with your fact pattern to see if there's any chance it will resolve itself.

    Quote Quoting budwad
    View Post
    And if I file an appeal, would that effect my current benefits?
    No. You're getting the minimum. You can't get any less. If/when you succeed with your appeal, you'll be paid the difference from what you're getting now vs the higher amount. You have nothing to lose by appealing other than plugging up the system with another unnecessary appeal. There should have been an alternate method to make these determinations by computer. Whether you wait or appeal just depends on how desperate you are to get the money now vs later.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,931

    Default Re: Pua Question on Income Varification

    Thank you for the response. I think I will wait a few more weeks and keep trying to call to see if I can get through to a live person. If all else fails I will file an appeal.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,086

    Default Re: Pua Question on Income Varification

    chyvan forgot to mention there is one possible downside to an appeal. You could be found to be disqualified altogether. I'm not saying it would happen but it is possible. The appeal board is basically a completely new look at your case from top to bottom.

    The appeal process is backed up in every state that I know of and may well take a while. Also, most states have a time limit on how much time you have to appeal any given decision. Usually 20-30 days.

  5. #5
    Join Date
    Nov 2013
    Posts
    6,931

    Default Re: Pua Question on Income Varification

    I figured I would give you an update.

    After two months of trying to communicate with DOL by any means available, I decided to file a formal appeal which I did by mail. It will take 6 to 8 weeks or longer to get anything back.

    Then I found this obscure article that explains what NJ DOL did. They funded all self-employed and independent contractors at the minimum benefit without review just to get the money out to them and they figured they would fix it later. The $600 PUA plus the minimum benefit of $231 would keep most claimants satisfied. But the $600 ends July 31st (in three weeks). What a mess they created.

    It would have been nice if they told the claimants.

    1. Sponsored Links
       

Similar Threads

  1. Retirement Benefits: Types of Income Included in Early Retirement Income Limits
    By fair in forum Social Security Law
    Replies: 11
    Last Post: 02-27-2016, 04:52 PM
  2. Replies: 1
    Last Post: 05-04-2012, 12:52 AM
  3. Can Negative Rental Income Be Used for Income in Child Support Calculations
    By bec77 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-06-2010, 08:44 PM
  4. Disability Benefits: SS Disability Income Affected by Rental Income
    By JeffNY in forum Social Security Law
    Replies: 3
    Last Post: 01-28-2009, 07:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources