Pandemic Unemployment Assistance Appeal

[vanka]

Hi all,
I have a licensed daycare in CA, and i have received Pandemic Unemployment Assistance for as long as it was available. I have received a notice to provide proof that i was intending to resume self-employment and sent by license photo. I have received a determination letter that says " YOu are not eligible to receive PUA benefits for any weeks of unemployment ending on or after December 27, 2020.
Has anyone received a decision like this and appealed it successfully?
i don't know what to do, i was never able to operate back on full capacity for a number of reasons.
1. I live in SF and LOTS OF families with young children have left the city
2. Most families with young children don't want to send their kids to daycare due to the fear of getting infected by Covid. SF parents are crazy hysterical about this.
3. I have 3 kids myself. Their schools were closed until August 2021. This means, that I was automatically losing 3 spots to offer to prospective children because my own children are forced to stay home and they count towards the licensing capacity requirement.


What do you suggest i do? how do I appeal? It feels unfair I have to pay back all the money received when i was directly impacted by our state/county shutdowns...

[Blackcat31]

I’ve never heard of Pandemic Unemployment Assistance
Is it money that assists you if you are open but not at full capacity or is it like regular unemployment benefits that’s pays only if you are not working at all?
I would contact an attorney that specializes in unemployment claims as I don’t know who would be knowledgeable on the topic since the pandemic funding is complicated and confusing.

[Cat Herder]

I am unaware of anyone receiving money for slots that were displaced by their own children. Sorry.

We were never eligible for any of that because providers were given federal tax money for their own children (like all other parents) and low interest loans to cover business losses as well as a couple one-time supply grants to cover the price of the initial gouging of paper goods and cleaning supplies.

[Cat Herder]

I did find this: https://www.nolo.com/legal-encyclope...alifornia.html

Failing to Meet the Earnings Requirements


To qualify for benefits in California (as in most states), you must have earned a minimum amount in wages during a 12-month stretch called the "base period."

[Alwaysgreener]

I took the PUA for 3 weeks in 2020 when DH got exposed at work at the same time that I got exposed to DCG, and I had to close. I got denied for regular UIA, but was given a PUA of $137 a week, I think. My first and last weeks were partial weeks. So I got about $300 in total.

In 2021, I received a couple of letters that told me that I was now being denied PUA because I did not qualify, then a bill for the whole amount, and then a letter of forgiveness. What a waste of time and money that could have been used on something else, like say fixing the roads.

Anyway, I was not the only one to get denied, (no it did not say why I was denied, If it was not forgiven I would have demanded to know why) they went through everyone's claim that was filed.

My sister, Pt employee, and pt self-employed in 2020 and 2021. Ended up needing surgery during the lockdown part of 2020. She filed and was paid but then was told that she had to pay it all back. She did the appeal and lost. She keeps receiving a statement on how much she owes, (the amount changes in every letter) but no letter stating, this is how your payback. Last I heard, she has not paid the UIA/PUA back.


Anyways, the letter, tells you how to apply for an appeal. You need to prove that you are not making what you were making at the beginning of 2020.

[Sahm121]

I’m in Illinois and I believe CA was similar to our system. A few things -
- What is the reason for the denial?
- When you were claiming weeks, did you disclose that you were still working and the reason for claiming was due to covid related?
- what are the directions to appeal?

You can appeal in Illinois, but then you’d have to prove that covid was the reason your business was struggling. That is where it gets difficult: it’s one thing to say in 2020 when states were shut down, but to say that the business was still
directly affected due to covid in 2021 is more difficult. Especially when unemployment will compare it to other providers being able to rebuild their business once licensing restrictions were lifted.

I’d suggest you go online and find a PUA group to see if others in your state are on the same page and can give tips. Facebook should have a few. Good luck

[Sahm121]

I’ve never heard of Pandemic Unemployment Assistance
Is it money that assists you if you are open but not at full capacity or is it like regular unemployment benefits that’s pays only if you are not working at all?
I would contact an attorney that specializes in unemployment claims as I don’t know who would be knowledgeable on the topic since the pandemic funding is complicated and confusing.

It’s the unemployment benefits states had in 2020 for self employed and gig workers. Most states held on to the funds and gave it out after verifying self employment. Some states (CA included) gave out the funds immediately to help the ones applying and are now reconciling and telling people they didn’t qualify and have to pay it back. Basically, a lot of people realized they could say they were ‘gig workers’ and get the PUA and didn’t realize they’d have to prove it with taxes. Not saying that’s what OP did at all, but sounds like OP now has to prove it and that’s where the struggle is.

most states struggled. Some issued immediately like CA. Others held on until they verified which meant more and more months with zero income and self employed not being able to recoup their loses since they couldn’t open. Either way, lots of fraud and everyone now has to prove way more because of all
the fraud that happened

[Blackcat31]

👍🏻 Makes sense… the way the OP explained it made me think it was financial assistance to make up for lost or unfilled spaces in her daycare due to her own kids etc and I was thoroughly confused as in my state any UE benefits were for those people who closed completely although temporarily.