The short answer to the title of this article is Yes. Those who are eligible for Unemployment Insurance Compensation (UIC) and have exhausted current claims will be eligible for the federally funded 13 week unemployment benefits extension under the Pandemic Emergency Unemployment Compensation (PEUC) AND the $600 p/week extra FPUC payment till the end of July 2020. State unemployment agencies will be responsible for administering these benefits, in addition to the existing unemployment benefit claims.
Pandemic Emergency Unemployment Compensation (PEUC)
Just to recap, under the PEUC program approved under the CARES act, states can pay up to 13 weeks of additional unemployment benefits to individuals who have exhausted regular state unemployment compensation (UC) under any other state or federal laws. They must also be able to work, available for work, and actively seeking work assuming no Coronavirus/COVID-19 restrictions. An individual is deemed to have exhausted benefits (per DOL guidance) when no further UC payments can be made under state law because such individual has received all available regular UC based on employment or wages during such individual’s base period; or the individual’s right to such regular UC has been terminated by reason of the expiration.
Will I Need to Reapply for these benefits?
States have now received detailed federal guidance (via the Department of Labor) on the implementation of the stimulus-law changes for existing UI beneficiaries. Some states like New York and California have told people who are already collecting unemployment benefits that they don’t need to reapply to access the additional $600. The unemployment checks should be updated automatically to reflect the stimulus bill’s changes, though the exact timing of when this payment will be reflected in UI payments is still not clear.
This will depend on state by state basis, but those who have exhausted their benefits will be eligible for the enhanced CARES act benefits discussed above. State UI agencies are responsible for reaching out but given the massive spike in claims this is likely to be a slow process. Some states are automatically extending benefits (even without ongoing certification) for those whose claims have recently expired. If you have not gotten notice from your states UI agency and your claim is almost or has recently expired then I suggest you contact them and/or file a new claim. I strongly recommend doing this online, given many offices Unemployment offices are closed and call volumes are extraordinarily high.
Note – Under current rules if you stop certifying for continued unemployment benefits, even for one week, your Unemployment Insurance (UI) claim becomes inactive. You must reopen your claim to request benefit payments. You can generally reopen your claim if it was filed within the last 52 weeks. If your benefit year has ended, you must file a new claim.
For those who have not claimed UI or had a claim expire several months ago, then you will likely have to file a new claim. Further part time workers who get or who are eligible for UIC will also be entitled to the full $600 weekly payment until the end of July 2020.
Independent contractors, freelancers and gig workers who wouldn’t have qualified for claims before will be able to get the same UI benefits through the new pandemic unemployment assistance program established by the CARES act. This act has loosened rules and eligibility considerably (see details here for this group of workers)
Delays in Roll out of 13 weeks of Additional Benefits
While several states have rolled out the extra $600 supplementary payment, many are still way behind in updating their systems to reflect the extra 13 weeks of standard unemployment insurance now available. This has a double impact for those who have exhausted their benefits under current state administered UI programs. One is means that don’t get the current benefits available in their state because they cannot reopen or file a new claim; and secondly it means they won’t get the extra $600 weekly payment available till the end of July 2020.
Many applicants with exhausted claims are getting rejected when applying for additional UIC. In this situation state agencies are asking claimants to be patient and re-apply when their systems are updated. States are also obligated to reach out to applicants eligible under the new programs, but per the information above they are so far backlogged that this may take several weeks. For those already on unemployment benefits but close to exhausting their claim period, you will just have to wait and hope your state updates is systems to automatically extend your unemployment benefit coverage.
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