States that have Terminated Pandemic Unemployment Benefits Early can Restart the Programs, but there may be a Break in Payments for some laid-off Americans, the Biden Administration, said Monday.
The Guidance comes as Jobless Residents in more States file Lawsuits to Reinstate the Benefits.
Unemployed Workers in Ohio and Oklahoma, this month, joined those in Indiana, Maryland, and Texas, in turning to State Courts to Force their Governors to Resume the Payments.
Citing Workforce Shortages, some 26 States are Terminating Early, at least One of the Three Pandemic Unemployment Insurance Programs, Congress Enacted in March 2020 and extended Twice.
Most of these States have already Stopped sending the Benefits to their Residents.
In addition to the $300 Weekly Supplement, the Federal Programs provide Benefits to:
- Freelancers
- Self-Employed
- Independent Contractors
- Certain People affected by the Coronavirus
- Those who have Exhausted their Regular State Benefits.
The Three Pandemic Unemployment Programs are Scheduled to Expire, in early September, in the States that are continuing them.
If the Date of Termination has already Passed, States may need to enter into a New Agreement with the Department of Labor, according to the Guidance.
Two of the Programs, the $300 Weekly Boost, and the Payments to those who've Exhausted their Regular State Benefits, won't begin again until after the Agreement is Signed.
However, those in the Pandemic Unemployment Assistance Program for Freelancers, the Self-Employed, and Others must be allowed to Certify for the Weeks they Missed so they can receive those Payments, the Agency said.
If the Termination Date has Not Passed, the State can simply Inform the U.S. Department of Labor, that it is Rescinding or Modifying the Notice it filed.
After the mostly Republican-led States began announcing the Terminations in May, Consumer Advocates and Sen. Bernie Sanders (I-VT) urged the Biden Administration to Stop the Governors from Ending the Payments.
But the Administration said it could Not do Anything to Prevent the States from Ceasing the Programs.
Jobless Residents, in at least Five States, have filed Lawsuits, arguing that the Benefits were Improperly Halted.
Judges, in Maryland and Indiana, have Ordered Officials to Temporarily Restore the Payments while the Cases play out in Court, but only Maryland has done so. A State Judge is expected to issue a Ruling on July 13th. The Indiana Department of Workforce Development has said it is "determining how to proceed because the federal programs no longer exist after their termination on June 19." In both States, the Jobless are Arguing that State Law requires Officials to obtain All Federal Unemployment Compensation available for Residents.
Meanwhile, Unemployed Workers, in Ohio filed a Lawsuit, earlier this month, arguing that their State Officials must do the same. The State Terminated only the $300 Weekly Benefit at the End of June. The Plaintiffs are asking the Judge to Order the Resumption of the Supplement.
In Oklahoma, a Lawsuit filed on behalf of an Unemployed Resident argues that Gov. Kevin Stitt (R) did Not have the authority to Terminate the Programs and that State Law requires Officials to Secure Federal Benefits for Unemployed State Workers.
The Jobless, in Texas, have also filed a Lawsuit against Gov. Greg Abbott (R) for Ending the Benefits on June 26th, arguing he doesn't have the Authority to do so.
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