Ruth Szanto, Esq. & Nina Targovnik, Esq. Community Legal Services

Transcription

1 Ruth Szanto, Esq. & Nina Targovnik, Esq. Community Legal Services

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3 Types of Income Boosts Quiz! Administrative Hearings

4 Nutritional Assistance (Food Stamps) Arizona Health Care Cost Containment System (AHCCCS) Cash Assistance Social Security benefits Unemployment Insurance

5 To pre-screen for benefits and determine the amount you may be eligible for visit This website offers a information on a variety of benefits

6 Children Temporary Assistance for Needy Families (TANF) Head Start Childcare Assistance Financial Benefits Federal Earned Income Tax Credit Federal Child and Dependent Care Tax Credit Federal Hope Tax Credit Federal Lifetime Learning Tax Credit Federal Child Tax Credit Second Chance Banking Individual Development Accounts (IDA)

7 Health Care Medicare and Medicare Savings, including Medicare Part D Arizona CoppeRX Card Health Insurance Marketplace Community Health Centers and County Health Departments Arizona Health Care Cost Containment System (AHCCCS)

8 Jobs and Employment Directions One-Stop Career Center Services Clothing and Diaper Bank Food and Nutrition Supplemental Nutrition Assistance Program (SNAP, also known as Food Stamps) Emergency Food Women, Infants, and Children (WIC) Farmer's Market School Lunch Summer Food Service Program Child and Adult Care Food Program

9 Housing and Utilities Low-Income Ratepayer Assistance (LIRA) Utility Discounts Low Income Home Energy Assistance (LIHEAP) Federal Housing Assistance Home Repairs Water Assistance Telephone Assistance Programs Economy Pass Program Residential Lifeline/Medical Life-Support Discount Seniors and Disability Services Social Security Disability Programs Senior Adult Independent Living (SAIL) Arizona Long Term Care System (ALTCS) Social Security Retirement

10 Unemployment Insurance is a joint state-federal program that provides cash benefits to eligible workers. The purpose of unemployment insurance is to give temporary financial help to workers who are unemployed through no fault of their own. DES decides if you are eligible for benefits, issues benefit payments, collects employer taxes and issues rules for the unemployment insurance program.

11 Most employees and jobs are covered by unemployment insurance. Exceptions include work done as an independent contractor, independent agent, independent business person, or independent consultant; or work in small nonprofit organizations that employ less than 4 employees. Electronic Payment Card (EPC) program: similar to a bank debit card, issued by Chase Bank Watch out for fees on your EPC card just as you would on a bank debit card You can ask for direct deposit, too (Form UIB 1091A)

12 DES only counts the wages that are on your wage statement, Form UB 107. If you find that some of your wages are wrong or missing, file a wage protest. 10 days The wage protest must be filed before the end of your benefit year. Form UB 217. UITAXWAGE.PROTEST@azdes.gov or fax (602) (may also call)

13 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

14 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

15 DES looks at the wages you earned in your past work DES will decide if you earned enough wages to be eligible for unemployment benefits: First, DES calculates a period of time called your base period; and Second, DES looks at your wages during your base period. To be eligible for benefits, you must earn enough wages during a 12 month period called the base period. A base period is broken down into 4 quarters.

16 During your base period, you must meet one of the two tests below to have enough wages to get benefits (each test has two parts): 1. DES looks at the highest total wages earned in any one quarter in your base period. That amount is least 390 x the hourly minimum wage. Second, the total wages for all four quarters of your base period must be at least 1 and 1/2 times the wages earned in your highest quarter. (For example, if you earned $3,000 in the highest quarter, you must have earned at least $4,500 ($3,000 x 1 and 1/2) during the base period. OR 2. You earned a total of at least $7,000 in any two quarters of your base period. Second, you earned at least $5, in one quarter in your base period.

17 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

18 Unemployed through no fault of your own The reason for your separation from work Common reasons are: Layoff (lack of work or reduction in force): unemployed through no fault of your own Quit: refused to work when there was still work to be done; may be eligible for benefits if you can show you left for: good cause in connection with your work or a compelling personal reason. Discharge (fired/terminated): employer did not allow you to keep working when there was work to be done. discharged for "willful or negligent misconduct" Resignation: quit or discharge depends on what happened. employer asked you to resign, you were discharged If you voluntarily decided to resign, you quit your job

19 Unemployed through no fault of your own The reason for your separation from work Common reasons are: Layoff Quit good cause in connection with your work or a compelling personal reason. Discharge discharged for "willful or negligent misconduct" Resignation: quit or discharge depends on what happened.

20 Good Cause in Connection with Your Work Real and important reason for leaving the job What would a reasonable worker have done in a similar situation? Reasonable worker give work a fair trial and try to change conditions before quitting Could be good cause: Reasonable fear for health or safety Abusive working conditions Repeated failure to pay employee Not good cause: Ordinary job stress Personality conflict with a supervisor Fear of immediate discharge or layoff Going back to school Failure to get a raise or promotion Take steps to keep your job. Keep documents, keep journal.

21 Unemployed through no fault of your own The reason for your separation from work Common reasons are: Layoff Quit good cause in connection with your work or a compelling personal reason. Discharge discharged for "willful or negligent misconduct" Resignation: quit or discharge depends on what happened.

22 Compelling Personal Reason Important legal or moral responsibility unrelated to work that left you no choice except to quit Examples: Care for a small child Illness or death of a child, spouse or parent Work became too difficult due to pregnancy Quit to move with your spouse who took a job in another city

23 You Could Not Get to Work Sometimes you can get unemployment benefits if you left a job because of transportation problems. It depends on the facts. Took a job knowing about the travel time to work, no benefits. However, if work site moved, this may be a compelling reason for quitting.

24 Domestic Violence Domestic violence is a compelling personal reason not connected to the employer when: Domestic violence forced the worker to leave work and the worker could not take time off work; or Staying at work would present a threat to the safety of the worker, the worker's family or co workers and the only option was to leave work.

25 Unemployed through no fault of your own The reason for your separation from work Common reasons are: Layoff Quit good cause in connection with your work or a compelling personal reason. Discharge discharged for "willful or negligent misconduct" Resignation: quit or discharge depends on what happened.

26 If you were discharged from your job, you may get unemployment benefits depending on why you were discharged - misconduct or compelling personal reason? Employer must show that employee knowingly broke an important rule or did not do an important job duty. Employees are required to do work with care and should make a reasonable effort to meet the standards the employer expects Examples: Violating a rule on purpose that employer always enforces and employee knew/should have known about Acting carelessly over and over again Absence from work without letting employer know and without a good reason Missing work without a good reason when your employer has given warnings about missing work Failure to return to work after an approved leave of absence without letting employer know Repeatedly late for work after being warned and without a good reason Refusal or failure to perform reasonable assignments employer gives Falsifying information, being drunk, using illegal drugs or falling asleep on the job Insubordination, disobedience, or repeated and inappropriate use of abusive language or violent behavior

27 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

28 Able to work - physically and mentally able to do "suitable work" Must be able to work full time in a job like your past jobs or in another job that you have the skills, training, and education to perform If you are sick for a short time, you are not eligible for benefits until your doctor says you can work again In general, if you apply for Social Security or other disability benefits and claim you are unable to work, DES may find you are not able to work for unemployment purposes. This depends on the nature of the work, disability, etc. You will not get benefits for any week when you are not able to work If DES decides you are not able to work and you disagree, you can file an appeal

29 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

30 You have the skills, training or education to work at available jobs You can work full time Your personal life allows you to have a full time job You can start work at the time the employer wants. If you cannot work in your usual type of job, you must show: (1) you can do other full time work; (2) such work exists in your community; and (3) you are willing to take such work. You will not receive benefits for any week when you are not available for work. If DES decides you are not available for work and you disagree, you can file an appeal.

31 To be eligible for unemployment benefits, you must: File an application for benefits Register for work at the DES Employment Service Office (automatic) Have enough wages Be unemployed through no fault of your own Able to work, both physically and mentally Available to work Actively seeking work

32 You must be actively seeking full-time work in a systematic and sustained way (at least 4 days each week) Make at least 3 work search contacts each week; write down of all efforts to find work, including applications submitted, telephone calls, interviews, and time spent looking for jobs You also can lose your unemployment benefits if you turn down an offer for suitable work without good cause. Suitable work is work that fits your skills, training, experience, past earnings and is within 30 miles of your home DES will find you refused an offer of suitable work if a prospective employer withdraws a job offer because you tested positive for a controlled substance, during a drug test given as a condition for the job, or you refused to submit to a drug test, without good cause, if the drug test is required for employment If DES decides you are not actively looking for work/you refused suitable work and you disagree, you can appeal

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34 Decisions for the benefits we discussed are often appealed and decided in an administrative context Deadlines may change depending on the stage of appeal, whether you want services to continue pending the appeal, type of benefit, changes in the law, etc. Administrative hearings and the rules that apply to them may change depending on the type of program ALWAYS READ THE NOTICE AND FOLLOW THE INSTRUCTIONS!

35 Read the written notice of adverse action carefully. You have a right to a written notice. If you did not receive a written notice, ask for one Check deadlines Follow directions on the written notice about how to file your notice of appeal. For some appeals, you have the right to receive benefits during your appeal. The notice will tell you how If you do not win your appeal, you may have an overpayment Be sure to know the reason for the adverse action as shown on the written notice Administrative agencies sometimes send information with the written notice. If not, request a copy of your case file as soon as possible Make sure the case file is complete Submit your own evidence

36 If your hearing is by telephone, follow the instructions on your hearing notice If you have questions about what is happening with the appeal, call and ask to speak to the docket officer You may be able to elect to attend the hearing in person (travel to Phoenix or Tucson); arrive early Know the issue at the hearing See the case file

37 Witnesses are not required, but if you have them, ask them to testify. Witnesses can attend the hearing by telephone or in person Submit documents that are helpful to your claim and do so well ahead of time At some administrative hearings, you can ask the judge to issue a subpoena You can object to your employer s witnesses and documents At the end of the hearing you can make a statement to the judge that explains your case You can ask for legal representation If you want another judge, you can ask the administrative agency to assign another judge After the hearing, you will get a written decision in the mail (with appeal rights)

38 When the day comes for the hearing, take the following items with you: Records, documents, and letters Any notices from the administrative agency Any other evidence that supports your claim A written list of points that you want to make A written list of any questions that you want to ask the opposing party Paper to take notes Take several copies of each of your documents, so that you can give them to both the hearing officer and the opposing party (but submit all documents ahead of time) Keep copies of everything you bring to present at the hearing

39 Relax and allow the hearing officer to help guide you through the hearing process You and your witnesses will be questioned by the hearing officer The other will give their reasons for taking the adverse action You should take notes of anything you would like to question them about Both you and the health plan people will be allowed to speak at the end to give a closing

40 An overpayment is when you get benefits you are not entitled to receive You will get a notice if the administrative agency believes you have an overpayment

41 Arizona Center for Disability Law Self-Advocacy Guides Arizona Revised Statutes Arizona Administrative Code

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