Potential new claim and PEUC claim continuation

What’s happening?

Starting June 11 and on most Fridays afterward, ESD is running a scan within the unemployment benefits system (UTAB) to ensure claimants are or were receiving benefits from the correct program. We’re required to do this by federal law, even if claimants have stopped filing weekly claims.

Many current and former claimants will be required to answer additional fact-finding questions when we think they might qualify for a new claim — hence the name potential new claim (PNC). The fact-finding includes a link to apply for a new claim.

The most important thing is for claimants to respond to all emails, postal mail and web notices from us.

PEUC claim continuation

Most claimants who get potential new claim alerts will be receiving Pandemic Emergency Unemployment Compensation (PEUC) benefits.

The federal Continued Assistance Act requires that we continue to pay current PEUC claimants PEUC benefits from their active claim if we decide they’re eligible to receive PEUC, and they:

Have a benefit year that expired after Dec. 27, 2020. 
Have PEUC benefits remaining on that benefit year. 
Qualify for a new unemployment claim in Washington or another state, and the weekly benefit amount on that new claim is at least $25 lower than the weekly benefit on their active PEUC claim.

Why is this important to claimants?

In a word – overpayments. Current and former claimants must respond to our request within 10 business days. Not responding can result in overpayments — sometimes large ones.

Overpayments may still occur even when claimants do respond, because the law could require that they switch to a new program, which might have a lower benefit amount. In those circumstances, we’re doing all we can to waive these overpayments whenever the law allows.

Why someone changes programs

Many situations can trigger a program change. These are the most common:

Claimants’ reasons for being unemployed change.
Claimants reach a new benefit year.
ESD gets new wage information from claimants or their employers.

In many cases, claimants will move from a pandemic-only federal program to regular, state-funded unemployment.

The process is confusing

Although we’re required by federal and state law to re-evaluate claims, the process can be very confusing for customers. Our system isn’t designed for so many programs to interact. And because individual circumstances vary, claimants might receive several letters from us and find them a challenge to understand and navigate.

We’re using all channels available to alert customers and make it as clear as possible. Again, the most important thing is for claimants to respond to all emails, postal mail, and web notices from us.

Talking points for staff

During the pandemic, Congress created several new unemployment programs.
Federal law requires us to make sure we’re paying you unemployment benefits from the right program.
Depending on the law, we might need to move you from one program to another.
You might or might not have an overpayment as a result of changing programs.
We’ll review overpayments case by case and will waive them whenever the law allows.
We understand this process might be confusing. We’ll do everything we can to help you.
If you don’t use eServices, you can speak to an agent at the Unemployment Claims Center.
- However, call volumes remain very high and wait times can be long.
Find more information about PNC on our website at esd.wa.gov/unemployment/potential-new-claim.

Process improvements and changes

We extended the response window for online filers from five to 10 days.
We implemented new guidance from the U.S. Department of Labor to waive overpayments from the pandemic-only programs in certain circumstances.
We moved scan dates to Fridays, increasing the likelihood of claimants see messages in eServices when filing for previous weeks benefits.
We adjusted the order of the fact-finding questions, making our request for information easier to see and understand.
Even if claimants don't respond to the fact-finding, we will give more time than usual before we decide about any claims (allow or deny). This pause applies only to the first scan. For the second and subsequent scans, we will make our decision after the deadline we give to claimants. We expect way fewer claimants to be affected in the second and subsequent scans.

Claimant communication

We are communicating to claimants in many ways. See the flow chart and examples below.

UTAB email: Claimants receive a system email (web alert) when the scan identifies they need to complete additional fact-finding.
Direct customer emails or mailed letters:
- On day five or seven, reminding claimants of action needed.
- On day 11 to those who didn’t respond. Provides alternative instructions since the deadline passed.
Web page: Updated information and instructions on the PNC page on esd.wa.gov.
Pre-recorded robocall messages:
- First call on day five reminds claimants to log in to eServices or contact the Unemployment Claims Center.
- A second robocall to customers who didn’t respond and who have potentially high overpayments.

How does this impact employers?

If the former employee moves from a federally funded program to state-funded UI, the employer’s tax rate may go up. Legislation passed during the 2021 legislative session to mitigate pandemic-related tax impacts for employers will help, but some employers will see an increase in their tax rates.

History

We ran a similar scan in November 2020 and asked about 26,000 claimants to answer fact-finding questions. We expect 75,000 will be identified in this round.
We experienced a low response rate (50 percent) from claimants in November.
We paused the scan until now so we could accommodate changes at the federal level, increase the response rate with process improvements, and implement changes to help customers.

Appendix A – Flowchart showing PNC and PCC process, and communications to claimants

Notes:

PCC stands for PEUC Claim Continuation.
The numbered footnotes correspond to examples in Appendix B: letters and notices sent to claimants.

Appendix B – Letters and notices sent to claimants

1. Web alert (Day 1, through UTAB)

2. Email reminder (Day 5, through GovDelivery)

Day 5

English

Subject: ACTION REQUIRED, even if you are no longer claiming unemployment benefits
Pre-header: Sign-in to eServices at esd.wa.gov and complete the requested forms

Hello,

To make sure you are or were paid benefits on the correct claim, we need more information from you.

It is extremely important that you complete this task, even if you are no longer claiming benefits. If you do not provide the information we need, we might deny your claim for unemployment benefits and you might need to pay back any benefits you already received.

We understand you might not want or need to apply again for unemployment benefits, but federal and state law requires you provide this information. The law says that we need to verify that you are or were receiving benefits from the correct claim. The information we have now is not enough.

Providing the information also will tell us if you might be eligible for a new claim. If so, we’ll let you know by sending you a determination letter.

What you need to do by June XX:

Sign into your eServices account at esd.wa.gov.
From the Summary view, select the blue hyperlink that says Manage my active UI claim.
Under Account alerts, select the link that says We need more information from you.

Choose the hyperlink under Issue to answer our questions.

3. Email reminder (Day 11, through GovDelivery)

Day 11

English

Subject: ACTION REQUIRED, even if you are no longer claiming benefits
Pre-header: You are past the original deadline. Call the phone number included in this message.

Hello,

You missed a deadline!

We gave you 10 days to send us required information via your eServices account. You missed the deadline to provide this information online. You now need to speak with an unemployment claims agent by July 9, 2021, to complete this task.

What you need to do

Call us by July 9, 2021, at xxx-xxx-xxxx to speak to an agent.

For your phone call, you will need:

Your name, Social Security number, birth date, and contact information.
Your complete work history for the past 18 months.

For each employer, include:

Employer name.
Address.
Phone number.
Start and end dates of employment.

Why we need information from you

We need the information to:

Make sure you are or were paid benefits on the correct claim.
Determine if you are eligible for a new claim.

It is extremely important that you complete this task, even if you are no longer claiming benefits. If you don’t provide the information we need to determine if you are or were paid benefits on the correct claim, we must make a decision based on the information we have now. That means we might deny your claim for unemployment benefits and you could be required to pay back any benefits you already received.