Missed deadline to register with MichWorks, ineligible on redermination (file, receive, claim)

[baron_coffer]

Hi there. I filed for Michigan unemployment in November. I was required to register with MichWorks by Nov 22, but I failed to do because I mistakenly thought it was the 24th. Foolish, I know. I received (re)determination on the 23rd stating "You are ineligible for benefits under MES Act, Sec. 28(1)(a) beginning November 13, 2016 and continuing until this condition no longer exists. You will not receive benefit payments during this period."

I immediately went to michworks to register, after which i filed a protest. In that protest I included proof of my new registration but I was honest as to the reason for my tardiness. I just now received the decision of that protest,

"The new or additional evidence provided warrants a modification in the previous determination. The previous determination is modified. Good cause for late registration has not been established.
You are ineligible for benefits under MES Act, Sec. 28(1)(a) beginning November 06, 2016 through
December 31, 9999. You will not receive benefit payments during this period"

My question is, can I win an appeal for this case? I was late registering, and I have no excuse beyond misreading the date. Any feedback is greatly appreciated. Thank you all for your time.

[Chyvan]

You do realize the new determination is WORSE than the first one. What in the world did you say?

Just file an appeal request, and get a hearing. Then get a FREE advocate for your hearing. Those MI advocates are very good based on the threads here from the MI people that have used them.

[Rabrrita]

They are correct, the reason you gave is no excuse. Once you give them a reason, you are stuck with that reason. You can appeal and hopeful get a sympathetic judge, but, you had better come up with a whole lot more than "I misread the date". That will not even fly at an appeal.

You need to have a compelling reason why you were delaying registering to the last minute instead of immediately. You also have to show how something more compelling caused you to misread the date. So, were you in a frenzy applying for and interviewing for jobs and in all the sudden need to create a resume, find old employment dates, copies of this and that... those things just caused you to accidentally think the registration date was some other time? See where this is going? Your unemployed, you should have been focusing on employment and one of those things should have been to register with Michigan Works as a priority, so create a priority that justifies screwing up.

To add, as Chyvan said, get an advocate as they are good at pulling compelling reasons out of your simple acts.

[baron_coffer]

I actually kept it quite short and sweet. I simply stated that I have now registered with michworks, that it was a mistake on my part(vague but foolish) and that I am requesting to have my eligibility reinstated. I certainly must have made a judgment error there. Thank you Chyvan. Any more help is greatly appreciated.

[Chyvan]

I don't have anything. The first decision had you disqualified until the situation was corrected, and that to me means that when you signed up, you should have been eligible from that moment forward.

The new decision has you permanently disqualified.

There must be some new interpretation of your situation that I'm not seeing. That's why you need a hearing and an advocate. Maybe your late registration caused MESC to treat your earlier claims as fraud because of how you answered the questions. You need the MI advocate who will know the quirks in MI's UI rules so you have the best chance to succeed at an appeal. Just REQUEST a hearing (don't tell a story). Let your advocate tell you how you need to phrase things at the hearing because what you wrote just made things worse, a lot worse.

[baron_coffer]

Thanks again Chyvan. I just filed the appeal, no story given.

[Rabrrita]

Originally Posted by Chyvan

There must be some new interpretation of your situation that I'm not seeing. That's why you need a hearing and an advocate. Maybe your late registration caused MESC to treat your earlier claims as fraud because of how you answered the questions.

Just though of something;

Baron, did you register online or at a center? If online, did you also go to the center afterwards? It's the center that certifies that you are registered so if you have not gone into a center, they are thinking you lied to them about registering.

Since they also took back the waiting week, that's an indication they are now treating the entire claim as bogus.

[baron_coffer]

No I did go to the center and register. I still have my paper and even included that with the protest. I must have really messed things up but I can't think of how. I didn't include too much info with the protest. Thank you Rabrrita.

[Chyvan]

I think I might have pieced together a plausible possibility.

The week in issue was 11/20 to 11/26. However, I'm betting those letters didn't get to you until later, and now it's 12/13, and you've filed more claims.

Instead of protesting, you should have REopened your claim on a going forward basis instead trying to get the benefits for 11/20 to 11/26. However, I'm just speculating. That's why you need the advocate. They will know this stuff way better than we can ever guess. Sometimes these things turn on just the tiniest new fact.

[baron_coffer]

I really appreciate your help. I contacted UIA before I filed my protest and spoke to a representative about how to handle the missed deadline. At first he said not to protest but then changed his mind and told me to protest online and continue certifying my claims. When it rains...