If an initial claim for unemployment benefits are denied, it is important for an unemployed worker to understand why they were denied, and what they can do request a re-determination or appeal to protect their rights and get a proper and just determination. These are the next steps.
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The Unemployment Application Process in Michigan
During their first week of unemployment, unemployed workers are asked to visit the Michigan Unemployment Insurance Agency’s website at: http://www.michigan.gov/uia , the website is available to file new unemployment claims Monday – Saturday from 7am to 7pm. There is also a telephone option, this is toll free: 1-866-500-0017. Unless instructed otherwise by Unemployment Agency staff, applicants must register within two to three business days at their local Michigan Works! Agency to upload a resume to the Michigan Talent Bank.
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First time applicants will receive in the mail the following items
• A determination showing if they qualify based on the wages earned, the amount of weekly benefits and the number of weeks they may receive.
• A booklet with detailed information about their rights and responsibilities for unemployment benefits.
• If there is an eligibility issue with their claim, they will receive a separate notice.
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Common Denial Mistakes
The Unemployment claim process starts with initial determination by the unemployment agency whether the applicant is eligible. Provided the applicant was fully employed in a eligible job, the agency’s determination is based on two questions: whether the separation from employment was voluntary and, if not, whether the employment termination was based on misconduct. The initial determination is a first look and is not without mistakes.
Unfortunately, mistakes in the initial unemployment determination are common. The most common mistakes involve inappropriate assumptions about a resignation or overreaching claims of misconduct in employer challenges. Often, employers challenge the benefits based on general performance issues or tardiness, issues not considered to be misconduct under the unemployment law. Misconduct under the employment laws is meant to be a limited category related to outright theft, misrepresentation or workplace drunkenness, not generalized performance issues.
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Basic Requirements for Michigan Unemployment Benefits
The Michigan unemployment agency looks at the unemployed workers earnings in the first four out of the past five completed calendar quarters to determine if they are eligible for benefit payments. If they do not qualify under the “standard base period” they will then be reexamined using the four most recent quarters called the “alternate base period.” There is one last section to determine qualifications that the unemployed worker will have to certify with the State of Michigan. According to the UIA website, “To be eligible for unemployment benefits, you must be unemployed and able to, available for, and actively seeking suitable full-time work.” Some may worry that if they left their previous employer by turning in a resignation that they would be exempt from unemployment benefits. Although initial unemployment determinations may result in a denial of benefits, the fact of a resignation should not result in a denial, if it is involuntary.
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The Process for Unemployment Beneficiaries Explained
Once qualified and claims approved the unemployed worker will have to continually certify with the State of Michigan every other week.The unemployed worker is expected to report to the UIA through the use of the internet or telephone using Michigan’s Automated Response Voice Interactive Network, (MARVIN). A scheduled MARVIN appointment is based on the last two digits of their social security number. To access MARVIN via the Internet, unemployment benificiaries can visit http://www.michigan.gov/uia and select the “UIA Online Services for Unemployed Workers” link. A free UIA online account can be created. MARVIN can also be reached at 1-866-638-3993, to find out scheduled times, beneficiaries can visit http://www.michigan.gov/uia.
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