How panicked should I be about this unemployment claimant questionaire?
November 30, 2020 1:57 PM   Subscribe

When logged into my state's unemployment benefit page, I saw that my benefits were temporarily suspended until I filled out a "Still Employed--Claimant Questionnaire" form. This form uses some pretty scary verbiage, and I'm not sure how to proceed, or if I will need a lawyer. (more under the fold)

I have been receiving unemployment benefits (in Massachusetts) since March because of the COVID-19 pandemic.

When I went to log-in today, I saw that my benefits were temporarily suspended until I filled out a "Still Employed--Claimant Questionnaire" form.

This form starts off with some terrifying verbiage about the DUA having "received information that may effect your claim for unemployment benefits", and that if they determine that we were ineligible for these benefits , "you may have to pay back benefits already received".

The next statement states "This is your opportunity to provide evidence and information in response to the new information DUA has received. If you wish, you may have an agent, legal counsel or advocate help you respond."

To clarify, to my knowledge I have not done anything incorrectly, or misrepresented anything. I therefore have no idea what this "information" they received may be.

My main question is, do I need legal council to respond to this appropriately? I have never been in this situation before, and due to being fairly impoverished my entire adult life, I have no idea how to approach contacting a lawyer.

My instinct is to just try and fill the form out myself, but I have no idea if this would be incorrect to proceed this way if this is indeed my only "opportunity to provide evidence".

Thank you Metafilter, I have no one in my life I can go to who has experience with this type of situation.
posted by anonymous to Law & Government (4 answers total)
 
It doesn't say it is your ONLY opportunity, just that it is "your opportunity". Personally, I wouldn't hire a lawyer just to respond, just complete the information and questions as accurately and thoroughly as you can. If you have questions, you can also call them.

It is likely that either (1) an employer erroneously indicated you work for them or (2) someone else falsely applied for UI benefits with your information (this type of fraud was RAMPANT at the beginning of covid).
posted by magnetsphere at 2:09 PM on November 30, 2020 [1 favorite]


From what you write you do not need a lawyer for this type of notice and you should respond as soon as you can and as accurately as you can. The faster you respond the more likely it is they will resolve the issue, and if it turns out you do actually need a lawyer or advocate you can get one later.
posted by JZig at 4:38 PM on November 30, 2020 [1 favorite]


this type of fraud was RAMPANT at the beginning of covid

Still is! HR has been real fun this year.

We had a guy who reported his last worked day to the state as the 29th but based on reported wages and our records his last paid day was the 30th. I wasn't trying to stop this guy from claiming bennies from the employer side in any way, but the data error got flagged by the state and he kept getting auto denied until he corrected it on his end. I imagine technicalities like this vary state to state.
So--this could be something very minor.

Provide the info you have, don't worry about it until you have to.
posted by phunniemee at 4:50 PM on November 30, 2020 [2 favorites]


I'm in Ohio. This sounds very much like the form I've had to occasionally fill out (including when I was on unemployment long before COVID) when I would pick up some part time work and declare it. Some weeks I would get sent this form with all kinds of scary warnings and alarums, but the actual form was really just confirming that the income I'd declared the week before was not from going back to full time employment. I'd fill out the form myself, and that would be the end of it. As in, even if it said "temporarily suspended" I would fill it out that day or the next and get my weekly benefits as usual.

Or as in phunniemee's example, I had some co-workers get the form because of wrong dates or other clerical errors.

You should definitely fill it out yourself ASAP. There's a good chance this will turn out to be nothing.

(Part of my ranting table-pounding dissatisfaction with the US unemployment system is precisely that so much of it is very obviously intentionally designed to scare people away from claiming their rightful benefits by using this kind of opaque and terrifying language. But I will save that rant for my elected government officials.)
posted by soundguy99 at 5:24 PM on November 30, 2020 [4 favorites]


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