PUA Overpayment Waiver Requests

In response to the COVID-19 pandemic, Congress passed the CARES Act of 2020 which was ultimately signed into law in order to provide individuals who generally are ineligible for unemployment benefits, such as individuals who are self-employed, independent contractors, gig workers, or those who have limited recent work history with economic assistance during the unprecedented global pandemic. This became known as Pandemic Unemployment Assistance (PUA) and it provided up to 7 weeks of benefits to individuals who were unable to work because of a COVID-19 related reason. 

Many individuals who had their employment impacted as a result of COVID-19 applied for and received PUA benefits.  For most, receipt of PUA benefits was necessary in order to pay for everyday expenses and to meet their weekly financial obligations.  While PUA benefits concluded the week ending September 4, 2021, people across the Commonwealth are still dealing with the impact COVID-19 had on their employment and finances.  A new obstacle that has arisen for some Claimants is they are now facing determinations from the Department of Unemployment Assistance (DUA) that they were allegedly overpaid PUA benefits.

Pursuant to the CARES Act of 2020, DUA is required to identify and recover PUA benefits that were overpaid.  Even if the overpayment is not a Claimant’s fault and was paid out in error, the Claimant will be required to repay the amount of benefits they received unless a waiver of the obligation to repay is submitted. 

If you applied for and received PUA benefits and have recently received a “Notice of Determination” alleging that you were overpaid benefits, the law firm of Cohen Cleary, P.C. can assist you with the preparation and submission of an Overpayment Waiver Request or an appeal of the overpayment determination.  In determining whether a Claimant qualifies for an overpayment waiver, a number of factors are reviewed, including whether the overpayment was the Claimant’s fault, what the Claimant’s monthly expenses and income consist of, whether the Claimant used the money for things that were not ordinary expenses, like paying off a debt, if a Claimant gave up other money because they received benefits, and whether the Claimant received income-eligible benefits. 

Our firm’s experience in handling PUA matters allows us to assist you with the Overpayment Waiver Request process.  We are able to work with you to obtain the information required in order to submit a completed Request for a Waiver of Overpayment to DUA along with a written addendum outlining the facts of your claim and relevant Massachusetts laws regarding overpayment waivers. 

At Cohen Cleary, P.C. we have several attorneys with many years of experience handling unemployment matters and requests for waiver of overpayments. If you are facing a denial, an overpayment, or your employer is appealing a decision made by DUA, please contact us ASAP. On these matters, time is of the essence in getting you a waiver of overpayment that you deserve and need during these trying times. We encourage anyone who is faced with these issues to call our office at 508-880-6677 and speak with one of our experienced unemployment attorneys today.