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As unemployment grows, newly jobless find process of getting benefits changed
Sunday, February 22, 2009

If the government offices tracking the number of Americans out of work are right, every day thousands more are facing the often novel experience of figuring out how to apply for unemployment assistance while they try to get their lives back in order.

About 434,000 Pennsylvanians, including 55,500 in the seven-county Pittsburgh region, are now unemployed. The state's unemployment rate climbed to 6.8 percent in December, with the national rate at 7.6 percent in January.

As many of those people are discovering, the process of getting unemployment benefits sure has changed in recent years.

For one thing, nobody stands in line for an unemployment check anymore. That's partly because there aren't any unemployment checks. And with the Internet, night owls can file at 4 a.m. without getting out of bed.

For good or ill, so many people are unemployed right now that the state of Pennsylvania has taken steps to cope with the extra demand for services, as well as moving to extend the length of time that state residents are eligible to receive benefits.

Just a few months ago, the increase in unemployment claims overwhelmed the phone lines, said David Smith, a spokesman for the Pennsylvania Department of Labor and Industry. In response, the staff of 600 has been supplemented with another 400 full-time employees who are working on a temporary basis to help the unemployed.

Pennsylvania also is one of 26 states in which the economy has gotten so bad that residents who are collecting unemployment insurance qualify for up to 33 weeks of insurance, increased from the 20 weeks normally allotted by the federal government.

The good news for those in Pennsylvania is that it is in the top tier of states for unemployment benefits. The state's unemployment insurance replaces about half of a week's pay, with the benefit capping out at $558 a week or $566 for those with two or more dependents.

Only four states pay more, according to the U.S. Department of Labor: Massachusetts, New Jersey (for those who don't have dependents), and Connecticut and Rhode Island (for those who do have dependents).

Just over the border in West Virginia, the maximum unemployment checks drop significantly to $408, with the rate in Ohio capped at $493, including an allowance for dependents.

The state with the lowest rate is Mississippi, at $210 a week.

The process of applying for benefits starts with going to the state's new Web site, or calling in a claim. The Web site -- www.heretohelp.pa.gov -- has links to state services for employment, family services, housing, heating, food stamps, family services and education.

It's a fairly easy system to use. The Web site guides users through a series of questions such as Social Security number, name of last employer and eligibility issues such as whether you worked for your parents or children, whether you served in the military and whether you receive a disability pension from military service.

People without computer access can submit an application for unemployment benefits over the phone by calling toll-free 1-888-313-7284 between 7 a.m. to 8:30 p.m. Mondays through Fridays and 9 a.m. to 4:30 p.m. on Sundays.

Mr. Smith said once a claim is filed, it takes about four weeks to process it.

A worker at the state Department of Labor and Industry has to verify the information and make the call whether or not to grant unemployment compensation in disputed cases. Sometimes a claimant says he was laid off, and the former employer says he was fired for cause.

The state labor department investigator "can choose to disbelieve an employer," said James W. Carroll Jr., an attorney with Rothman Gordon LLC in Pittsburgh, who has represented people who have been denied unemployment.

After the initial determination is made, either side can appeal the decision before a referee.

In those hearings, which are scheduled 10 days to two weeks after an appeal is filed, a claimant who was denied can have co-workers subpoenaed to dispute any statements made by the company.

Generally, the unemployed worker represents himself in the informal process. However, hearsay is not allowed. If a human resources worker who has not supervised an appellant says the individual was fired for poor job performance, that testimony will not be allowed.

Mr. Carroll said the referees tend to be very conscientious, and that a decision is sent out in about two days. "Some of the referees are a little ornery and a little less sympathetic than they should be," he said. "Ultimately, I think the results are good."

He has seen a slight increase in employers fighting unemployment claims, which can keep their own payments for unemployment insurance down. Mr. Smith said there were no state records available to determine if more employers are fighting claims.

If either side disagrees with a referee's decision, the case can be appealed through the court system, although the state Supreme Court hears very few unemployment cases.

While the state encourages people to sign up for direct deposit of their unemployment payments, Mr. Smith said that takes some time to set up.

So initially -- and perhaps for the entire period a person is collecting unemployment payments -- the individual is issued a debit card with a Mastercard logo. The state recharges it with each unemployment payment.

The debit card requires a personal identification number, as does the entire claims process, which means a claimant must remember the number for the phone and Internet system and for the debit card.

Shane Boles, 30, of the South Side, worked maintenance at a McDonald's restaurant in Harmarville when he was laid off in December.

He was awarded unemployment, but payments stopped after he forgot his personal identification number and was no longer able to check in with the system every other week. He wound up reapplying for the compensation.

The state-issued debit card can be used at any retailer that takes Mastercard, or the employee can avoid bank fees and withdraw money from the card by going to a bank that accepts Mastercard.

The card allows one free withdrawal at a PNC or Wachovia automatic teller machine for each unemployment compensation payment.

As for that unemployment compensation, it is not subject to state income tax, but the federal government does tax the benefits. There is legislation pending in the U.S. House of Representatives to suspend that tax for two years.

Ann Belser can be reached at abelser@post-gazette.com or 412-263-1699.
First published on February 22, 2009 at 12:00 am