In Blog: Factually Speaking, Economic Security

The Michigan Unemployment Insurance Agency (UIA) is seeking to recover $2.7 billion from workers who it says were overpaid in unemployment insurance (UI) benefits. A court order had blocked the state from collecting the overpayments since December 2022. But the order has lifted, and collections started again on Sept. 29. These collections could leave thousands of Michiganders with a mountain of debt through no fault of their own. 

Free legal assistance is available through the UIA’s Advocacy Program and there is information about how to obtain legal help with an overpayment on the Michigan Legal Help website. Additionally, Michigan Legal help and Unemployment advocates have worked together to create a form to help people understand and apply for various waivers.

So what is going on and how did we get here?

 

Background:

During the COVID pandemic, Michigan’s Unemployment Insurance Agency (UIA) was flooded with claims. To address the public health demands of the pandemic, the State of Michigan expanded eligibility for unemployment claims. At the same time, new Federal unemployment programs such as Pandemic Unemployment Assistance (PUA) were implemented to cover workers who were traditionally left out of the unemployment system.

These new programs were rolled out for the first time in the middle of the pandemic response. As they were deployed, sometimes states made mistakes. In Michigan, the UIA began distributing pandemic unemployment benefits using expanded criteria that did not comply with federal guidelines.

As a result of this error by the state, the UIA requested that 648,000 claimants who received benefits under these expanded qualifications fill out additional paperwork to confirm their eligibility. Through no fault of their own, many did not meet the new eligibility requirements and were asked to return the unemployment benefits they had received. This affected just under 20% of all Michigan unemployment claims from March 2020 to July 2021. Of that group, around 350,000 individuals would eventually receive a waiver, meaning they would not have to repay their overpayment.

The state advanced the collections process on many individuals who had been overpaid benefits but were not issued waivers by the agency. However, many of these individuals had ongoing appeals. 

Engaging in collections during the appeals process is not generally allowed. Despite this, the state’s unemployment software could not tell the difference between these overpayment cases that had been fully adjudicated and those that had ongoing appeals. This led to a lawsuit against the Unemployment Agency (Saunders v. UIA). 

In 2022, the Saunders v. UIA case resulted in a preliminary injunction being placed upon the UIA. Under the rules of the injunction, all unemployment overpayment collection was paused while the case continued to be heard. Ultimately, Saunders would be settled with a final order approving the class action settlement on May 13, 2025.  With the case settled, the injunction on collections was lifted.  

 

Current Events:

On September 12, the UIA sent out letters to everyone who the agency says has an overpayment balance and informed recipients that collections on overpayments would resume again on September 29. These overpayments have, in theory, spanned from 2021 until now.

There are several issues with these collections. When the UIA was forced to pause collections in 2022, overpayment notices disappeared from workers’ online UIA accounts. Legal advocates who represent unemployed workers have reported that this lulled many into a false sense of security. The disappearing notice was confusing to many workers, who thought that it meant their overpayment had gone away.

Because the overpayments are potentially from many years ago, they are generally past the appeal window. This means options are limited for individuals who potentially were overpaid benefits during the pandemic. However, those who never received the notice that they were overpaid are still eligible to submit an appeal and should seek additional information. Free legal assistance is available through the UIA’s Advocacy Program and there is information about how to obtain legal help with an overpayment on the Michigan Legal Help website.

Additionally, the letter informing workers of their alleged overpayments says that they have three options to seek a waiver of their overpayment. Waivers are available for: financial hardship, UIA error, or incorrect wage information. Those who qualify under one of those three circumstances do not have to pay back their overpayment.

Despite all three waiver options coming from the same law, the form created by the UIA to submit a waiver only covers financial hardship. The Agency has no form for requesting a waiver on the basis of UIA error or incorrect wage information. In official guidance, the UIA has informed its staff that requests for overpayment due to incorrect wages or UIA error cannot be reviewed until the new software system launches in the summer of 2026.

To make matters worse, the overpayment collection letters went out to over 350,000 people and it is not clear what criteria are being used to determine who received an overpayment and how much they were overpaid. In some cases, people have received letters saying they owe the UIA money even though their overpayment case was already appealed and decided in their favor years ago.      

 

Impact and What is Happening Now:

By law, individuals have the right to apply for UI overpayment waivers for reasons including financial hardship, agency error and incorrect wage information. Until a proper form is created for the latter two waivers, Michigan Legal Help and unemployment advocates have worked together to create a form people can use to apply for each type of waiver and instructions on how to do so. This is far from ideal, but it’s the best we have until an official pathway is created.      

Why is this happening at all? Jason Palmer, Director of the Unemployment Insurance Agency, says, “We are legally obligated under the Michigan Employment Security Act to seek repayment and we must fulfill our responsibility to ensure taxpayer money is returned to the Unemployment Insurance Trust Fund, so workers can count on money being available if they need it in the future.” 

Bottom line is: If these overpayments continue as they are and people don’t file waivers and cannot make the payment, they could see money taken from their tax refunds, garnishment of their wages or even their bank accounts. This could potentially leave thousands of Michiganders who followed all of the rules with a massive debt to pay off through no fault of their own, with the UIA taking billions of dollars from Michigan families. Particularly as Michigan feels the pain of tariffs on our manufacturing sector and indicators warn of a coming recession, our unemployment system needs to be preparing to support working families, not draining them dry.