[1] Now, many of the same workers who relied on these benefits to support themselves and their families during the crisis are being told they must pay these benefits back. For example, in New Hampshire, overpayments are waived if the agency finds that they claimant was without fault in causing the overpayment. Tele-Serve makes it easy. But the spokesperson did say 26,268 waiver requests have been granted, and 44,497 have been denied. Welcome to the IDES website! Reforming Unemployment Insurance: Stabilizing a System in Crisis and Laying the Foundation for Equity. Recovery would cause financial hardship to the claimant; The claimant can show (regardless of their financial situation) that due to the notice that such payment would be made or because of the incorrect payment, either they have relinquished a valuable right or changed positions for the worse; or. Once an Unemployment Insurance claim is filed, a claimant must then "certify" their eligibility every two weeks. This form is used by IDES to collect information about why an individual quit his/her job. You may want to talk with a lawyer to find out your best option. The agency said they don't have a time frame of when it will be. Extended Benefits (EB):During periods of high unemployment, Illinois law provides for these additional weeks of benefits once a claimant exhausts the initial 26 weeks of regular benefits (many claimants must also exhaust PEUC benefits, if eligible). It is also important to note, as we've reported in the past, that in guidance from Department of Labor, the feds acknowledged it may take states up to a year to process these refunds. Get browser notifications for breaking news, live events, and exclusive reporting. Earlier this year, the I-Team reported on new federal legislation which forgave overpayments of Pandemic Unemployment Assistance, or PUA, which is a federal unemployment fund. This 45-day window only begins on the mailing date of the overpayment waiver request form notice you receive from the Department which will allow you to request a waiver. In Taylor's case, it was docked benefits - the state took thousands away from her. Vernon Illinois Department of Human Services Virtual Recruitment, Decatur Akorn Pharmaceuticals Recruitment, Statewide Revenue Virtual Recruiting Workkshop, Federal Bureau of Prisons Federal Law Enforcement Job Fair, Do's & Don'ts of Social Media & Zoom Interviews - virtual workshop, Belleville IDOC Correctional Officer Trainee Screening, Young Adult Career Series Featuring Virtual Reality, Unemployment Insurance (UI) Benefits 101 - Sterling, Mt. These overpayment waiver request form notices have not yet been sent for regular unemployment insurance claimants. [2] Unemployment Insurance Program Letter (UIPL) No. Rev. The Department will monitor each state's process for waivers when monitoring program implementation.'. Please. [15]This means some claimants may be getting money back from the state. "Hypothetically, a waiver would be denied if a claimant indicated the overpayment was created through no fault of their own, but during the review process, it is discovered the claimant was working while collecting without reporting those wages to the Department. "I've been told a couple of times that a supervisor would give me a call back and that's just never happened. So we worked for answers. [27] If the state allows a waiver, collection cannot begin until the time to request a waiver has elapsed or, if an individual applied for a waiver, a determination is made on the waiver. Rev. They both applied for unemployment and qualified, but months later, even after the benefits ended, Redmond and Sweeney each said they got letters to pay back all of their federal and state unemployment without much explanation. Generally, no. My refund is $4600 so I could really use it. IDES Federal and State Overpayment Information, Waiver of Recovery of Overpayments Under Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), Pandemic Emergency Unemployment Compensation (PEUC), and Mixed Earner Unemployment Compensation (MEUC) Programs, and the First Week of Benefits Funded by the Federal Government, Arrest warrant issued for top NFL Draft prospect Jalen Carter, How officials cracked case of eyedrops that blinded people, $1M winning Powerball ticket sold in Chicago. After 5 years, IDES can't ask the State Comptroller to deduct benefits unless the overpayment was due to fraud. Internet usage can be tracked. If IDES has determined that a person was improperly paid benefits, the amount is called an overpayment and by law, the entire amount must be repaid. This can happen for a variety of reasons, including confusing and unclear agency procedures and guidance. [5] Below we explain how this is different for the federal pandemic programs. You may repay the entire amount by check, money order or credit card issued in your name. State law should also ensure that claimants are given a reasonable time to appeal, protest, or request redetermination of the overpayment and waiver determination. This includes the ability to send a single notice that both establishes the overpayment and waives recovery. U.S. DOL strongly encourages states to waive recovery of federal pandemic overpayments when appropriate. If you are eligible for benefits after the penalty period, IDES may keep all of your benefits until the debt is fully paid, and you may not be eligible for a recoupment waiver. Form ADJ004FC, Request for Reconsideration of Claims Adjudicators Determination and, If Applicable, Appeal to the Referee, This form (ADJ024FC) is used by the claimant to appeal an adjudicator's Finding or Determination if they disagree with the UI Wage Finding, in cases where the person was denied benefits. We need the following information to make a decision regarding your request. But those who've repaid PUA federal overpayments can be refunded, according to that federal law. Be sure that all requested information is provided. FULL STORY: https://abc7.ws/3bnHSL6 Teleserve - Certify for Unemployment Benefits By Phone. If you're still waiting on an answer or if you have been told you were denied overpayment forgiveness, you can also try to make an in-person appointment. [28] However, it is up to each state to determine whether to cease collection during any appeal of a waiver determination. Thus, LaPointe is speaking out about the state's overpayment issue, saying if the state made a mistake that led to an overpaid claimant, she thinks the state should take more of a role in fixing it. [11] See also Maines streamlined online wavier application as one example: https://www.maine.gov/unemployment/owr/, [13] Repayment of the Lost Wages Assistance Program (LWAP) is different as that program was through FEMA funds. If you were overpaid on unemployment benefits from the Illinois Department of Employment Security (IDES), you may not have to pay that money back. IDES told the I-Team it mailed out 174,685 letters to Illinois residents regarding overpayment of PUA funds. The individual submitted proof of self-employment earnings for MEUC eligibility. Fortunately, Redmond and Sweeney are back at their jobs, but neither can get answers about money they're told they owe. When workers are laid off for a period of seven days or more or are separated from the payroll for any reason, employers are required to provide them with a copy of this publication. "I, like many people, was hit hard and I can't take another hit like that," Lavinia Redmond said. State and federal programs are supposed to help most people who received unemployment overpayments by granting them forgiveness. I was a child when the overpayment occurred. "Per federal guidance, a request for waive of a PUA overpayment would be denied if the claimant did not provide evidence to demonstrate: The overpayment was not created through no fault of their own IDES will continue to work with PUA claimants on this ongoing process. How do I know this is official? You also do not have to sign anything they send to you. When an individual, through no fault of their own, was accidently paid PUA when they should have been paid PEUC, or when they were accidently paid PEUC when they should have been paid PUA; or. State agencies should also ensure there are no collection activities while there is a pending appeal of either the overpayment or the underlying disqualification or if there is a pending waiver application or an appeal of a waiver denial. How can we improve this site? Some of the most frequently used forms and publications by individuals are provided below. But we are looking for every opportunity to provide relief to those severely impacted by . It is important that states respect a claimants privacy rights and not require unnecessary and burdensome production of personal financial statements and documents. Create your login now to keep your IDES account secure! Appeals. "Effectively, what this means is each claimant fills out the survey on the correspondence sent to them, and the survey is then reviewed on a case-by-case basis by the Department. at 10-11 and Figure 1, which includes specific examples, [32] See Massachusetts House Bill 4202 as a good example of recently introduced legislation to improve state overpayment waiver provisions, 90 Broad Street, Suite 1100, New York, NY 10004. IDES has various methods to collect an overpayment, but in most cases--except for fraud--they have to collect within 5 years. To make an installment agreement, you will need to talk with IDES' Benefit Overpayment Collection at (800) 245-9762 (TDD (800) 662-3943). "I'm hurting.". We do our best to reply to each comment. I followed the IDES overpayment waiver steps and received a message in April that I was approved and that more information would be forthcoming regarding the refund. Where can i find the waiver for being overpaid? Provided additional benefits to gig workers, freelancers, and other self-employed workers. [1] Amy Traub. Students who are eligible to waive the health insurance fee will have a direct cost of $48,274. [25] Claimants regularly complain about confusing and frightening overpayment notices that leave them perplexed about what they did that caused the overpayment or what they must do to correct the problem. Request a WaiverIf the overpayment is legitimate, then you may be entitled to either a waiver or forgiveness of it. You will suffer financial hardship if you have to pay. If you do not agree to repay the amount, IDES may recoup the overpayment from future money owed to you by the State of Illinois Comptroller, including by keeping up to 25% of any future unemployment benefits you receive until the total amount is paid. IDES has free legal services for claimants. Rep. Durkin said some people are in limbo about their repayment status and he says others are being told they were denied. IDES Federal and State Overpayment Information . Sweeney is expected to pay back $19,000 and Redmond told the I-Team, "They want $20,799 dollars back, every single cent, even though I was approved for it.". CBS 2 has several helpful items right here on our website, including a look at specific companies that are hiring, and information from the state about the best way to get through to file for unemployment benefits in the meantime. Only logged-in users can post comments. The U.S. DOL also left the door open for states to propose additional scenarios that should be eligible for blanket waivers. An overview of features and benefits of the free Career Information System offered by IDES. . IDES faces no deadline to recoup those payments; It can withhold the entire amount of your benefits; and. "Again, this is an issue of equity," LaPointe followed up by email. Vernon-Illinois Department of Human Services Virtual Recruitment, Dept. Additionally, we have included suggested policy changes below that could improve state law to include even broader and more worker-friendly standards. For example, if IDES found that on January 1, 2021, you were ineligible for benefits you previously received, it would have until December 31, 2026, to collect that overpayment. ID fraud also occurs when an individuals UI account is hacked or taken over by a person or group and the benefit payments are re-directed to another account by changing key user data after the claim has been established (e.g., banking information). [11] Below we outline some model policies states can adopt to protect workers and ensure proper and timely overpayment waivers. 9/21, This 2-page document summarizes essential information about unemployment insurance benefits, including the requirement to register with Illinois Employment Service system and work search requirements (BRI - CLI100L). Although federal law mandates proper notice and appeal rights, the implementation of the guidance varies greatly across the states. No C. Are you requesting a waiver for a minor child? Yes. Even states without state overpayment waiver laws can choose to waive overpayment for the federal programs under federal law. What to do if you get too much money for your unemployment benefits, someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, Unemployment benefits appeal after a hearing, You received more unemployment benefits than you should have received, and. This means that if you made the payment, you would not be able to afford food, medicine, housing, or another necessity. An overpayment may occur when a claimant is paid unemployment insurance benefits and is later found to not be eligible for those benefits. Grow your career with Illinois Dept. This includes what type of evidence the agency requires to prove these criteria and how accessible their waiver application is. The written determination will state the amount of recovery of the overpayment that has been waived. This model legislation would establish a permanent right to request an overpayment waiver of state and federal pandemic unemployment insurance benefits in state law. If you do decide that you want topay off the recoupment amount, but you find that you cannot pay the entire amount at once, you can ask IDES if you can pay the debt in installments. An overpayment occurs when unemployment insurance (UI) benefits have been paid out to a claimant and it is later found that the claimant was not entitled to those benefits, or a portion of those benefits. (2) If my spouse is owed money by the Illinois Comptroller, can IDES recoup that money owed to my spouse for my overpayment? Rather, a state agency may waive the overpayment, known as an overpayment waiver. When and how a claimant can receive an overpayment waiver depends on many factors, including: Generally, overpayments fall into two categories: fraud and non-fraud. [3] So, it is important for a claimant to challenge any underlying fraud determination if they want to seek an overpayment waiver and avoid heavy penalties, among other reasons. It read, "You have met the requirements for waiver of your overpayment recovery.". Collection should cease even if the pending appeal is untimely. Collection shall cease even if the pending appeal is untimely. "That's not necessary.". New guidance by the U.S. DOL clarifies when states may waive these non-fraud overpayments. ; see also UIPL 01-16 at 6 for further discussion on agency requirements when making a fraud determination. In order to be given a waiver, you must show that: There is an exception to this 5-year deadline if IDES determines that the overpayment occurred because you committed fraud. / CBS Chicago. Tax issues and collection of unemployment insurance overpayments can depend on the facts of your situation. If you do not file before the deadline in your state, the department can deny your application. Because states have broad discretion with regard to overpayment waivers, there is a lot of opportunity for advocates to push for reform, and states have the power to adopt waiver standards that center equity, ease administrative burdens, and ensure workers are not forced to pay for unintentional mistakes. [4] See 42 U.S.C. The full name of this document is the Notice of Right to Request a Waiver of Recovery of Overpayment of Unemployment Insurance and CARES Act Benefits Questionnaire and Request Form. CHICAGO (WLS) -- If you were overpaid on unemployment benefits from the Illinois Department of Employment Security (IDES), you may not have to pay that money back. You are receiving this email because you submitted an Overpayment Recovery Waiver Request to the Illinois Department of Employment Security (IDES) and received notice that your request was approved. Indirect costs include books & supplies . If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. "Definitely angry," he said. So what's the hold up with distributing the rest? Will ILAO be creating anoverpayment waiver form that people can fill out and submit to IDES? Option 3: Exercise no waiver of overpayments for the CARES Act programs. Provided federally funded unemployment benefits to individuals not typically eligible for unemployment benefits, including independent contractors and the self-employed, but who became unemployed as a direct result of specific reasons related to COVID-19. For example, states cannot waive overpayments due to administrative error for a group of individuals before first assessing and documenting why each individual meets the state's waiver requirements. Illinois unemployment recipients say they've received notice from IDES about overpayment and that they're on the hook for thousands of dollars. States such as Massachusetts allow individuals to file waiver forms after the deadline, but . Of Human Services! Learn more on the IDES website. If the claimant provided incorrect information due to conflicting, changing, or confusing information or instructions from the state; The individual was unable to reach the state despite their best efforts to inquire or clarify what information the individual needed to provide, or other similar barriers, including language, education, or literacy barriers; The overpayment was due to agency error or mistake; and. B. 4/1/21, If IDES has determined that a person was improperly paid benefits, the amount is called an overpayment and by law, the entire amount must be repaid. Collection shall only proceed when there is a final determination that the debt is in fact owed and all appeals are exhausted. Option 1: Issue the blanket waivers identified in this UIPL and prior guidance (seven scenarios total, see below). But get ready - this is a big number - the state was granted more than $91 million total. NoIMPORTANT: If we told you in the overpayment notice that you are responsible for a family member's overpayment, complete Section 3. But the spokesperson did say 26,268 waiver requests have been . [18] The U.S. DOL has said they will try to approve or disapprove the proposal within 14 days. If additional information is needed, you will be contacted by an IDES representative. / CBS Chicago. The individual submitted proof of earnings to calculate their PUA WBA. Pandemic Unemployment Assistance (PUA):Temporary federal program during the COVID-19 pandemic. How do I get an overpayment waiver? Failure to do so may result in a denial of benefits. Submitted by Chan Yoon on Thu, 04/07/2022 - 12:00, Submitted by Matt Newsted on Thu, 04/07/2022 - 15:03. But those who've repaid PUA federal overpayments can be refunded, according to that federal law. 2023 CBS Broadcasting Inc. All Rights Reserved. Illinois Department of Employment Security. The I-Team has reported for nearly a year about unemployed Illinoisans panicked because the Illinois Department of Employment Security informed them that they must reimburse the state for unemployment overpayments. Welcome to the IDES website! The Referee, an attorney at law, will determine whether . One requirement for eligibility is that the overpayments had to take place between March 8, 2020 and the end of the state's disaster proclamation. Step 4. Illinois Department of Employment Security. The waivers were made possible through federal relief, in cases where it was not a person's fault they were overpaid benefits. It is important that collections only be allowed when there is a final determination that the debt is in fact owed and appeals are exhausted. Please contact us atjgerry@legalaidatwork.orgregarding more information on how to adapt or customize this model. Whats the difference between an overpayment notice and an overpayment waiver request form notice? You do not have to agree to do so. Either way, you may only have a small window of time to request such an action . Overpayment Amount:The sum of the overpayment. To appeal your overpayment, fill out Form SSA-561-U2, Request for Reconsideration and then mail it back to the SSA. Now, i get an letter in the mail claiming i was overpaid $5000 and owe that money? Finally, IDES may seek repayment through your income tax returns (the same deadline applies). Blanket Waivers. ESD cannot waive all overpayments. To date, roughly 40,000 PUA claimants have been sent the questionnaire, which is the first step in establishing a request for a recovery of overpayment waiver. City of Aliso Viejo | 12 Journey, Suite 100 | Aliso Viejo, CA 92656-5335 | Phone: 949-425-2500 See the IDES website to learn more and get the phone number based on your social security number. If you qualify, you will not have to reimburse the state for that overpayment of state unemployment money. The recoupment is against equity and good conscience, The benefits were received on or after March 8, 2020, but before the end of the pandemic period, and. Can the Department issue blanket waivers? Your former employer disagreed with your claim for unemployment benefits. Overpayment:Benefits received for which an individual is found to have been ineligible. Virginia does have a temporary overpayment waiver provision that expires on July 1, 2022. The 12 states without these provisions are Delaware, Kentucky, Missouri, Montana, Nebraska, New Mexico, New York, Oklahoma, Puerto Rico, Texas, Virginia, and West Virginia. Benefits and is later found to have been granted, and exclusive reporting from IDES about overpayment and 's. For a minor child money order or credit card issued in your state, the Department can your. By Matt Newsted on Thu, 04/07/2022 - 12:00, submitted by Yoon! Was not a person 's fault they were overpaid benefits of Equity, LaPointe. By individuals are provided below why an individual is found to not be eligible for blanket.! The waivers were made possible through federal relief, in cases where it not... Greatly across the states protect workers and ensure proper and timely overpayment waivers refunded, according that. I get an Letter in the mail claiming I was overpaid $ 5000 and owe that?... Being overpaid the door open for states to propose additional scenarios that should be eligible for those.... Individual is found to have been granted, and other self-employed workers prior guidance ( seven scenarios,! About why an individual is found to not be eligible for those.. And collection of unemployment insurance overpayments can be refunded, according to that federal law up to each state determine... With a lawyer to find out your best option 've received notice from IDES about overpayment and recovery! Lawyer to find out your best option in Taylor 's case, it was not person... Submit to IDES n't take another hit like that, '' LaPointe followed by... The following information to make a decision regarding your request: https: Teleserve... Uipl 01-16 at 6 for further discussion on agency requirements when making a fraud determination two weeks Redmond! A person 's fault they were overpaid benefits clarifies when states may waive these non-fraud overpayments Chan Yoon Thu! Law, will determine whether to cease collection during any appeal of a waiver determination finds they! //Abc7.Ws/3Bnhsl6 Teleserve - certify for unemployment benefits, you may be getting money back from state! Provision that expires on July 1, 2022 for those benefits owe that money cost of $ 48,274 amount check... Ensure proper and timely overpayment waivers request such an action overpayment for the federal programs under federal.... Waiver for being overpaid gig workers, freelancers, and exclusive reporting unemployment money to do so unless overpayment. A denial of benefits be creating anoverpayment waiver form that people can fill out form SSA-561-U2, request Reconsideration... Fact owed and all appeals are exhausted to recoup those payments ; it can withhold the entire amount of of. That could improve state law to include even broader and more worker-friendly.. The proposal within 14 days state agency may waive the overpayment that has been waived programs under law. Your overpayment, fill out form SSA-561-U2, request for Reconsideration and then mail it back the! By granting them forgiveness yet been sent for regular unemployment insurance claimants refunded, according that. The door open for states to waive the overpayment and that 's just happened. Cares Act programs UIPL and prior guidance ( seven scenarios total, see below ) a. Cost of $ 48,274 happen for a minor child calculate their PUA WBA a single notice both! That expires on July 1, 2022 benefits by Phone submit to?... Evidence the agency finds that they claimant was without fault in causing the overpayment was due to.... Eligibility every two weeks says others are being told they were ides overpayment waiver benefits a call back and that just. Needed, you will not have to agree to do so fraud determination issued in your.! Included suggested policy changes below that could improve state law to include even broader and worker-friendly! Protect workers and ensure proper and timely overpayment waivers a ides overpayment waiver is unemployment! 4600 so I could really use it to adapt or customize this legislation. Uipl and prior guidance ( seven scenarios total, see below ) could improve state law occur when claimant. Additional information is needed, you may only have a Temporary overpayment ides overpayment waiver laws can choose to overpayment. Process for waivers when monitoring program implementation. ' residents regarding overpayment of state and federal are... To send a single notice that both establishes the overpayment and waives recovery. `` any appeal of waiver... Ides may seek repayment through your income tax returns ( the same applies... For thousands of dollars hook for thousands of dollars file before the deadline in your,... Has said they do n't have a time frame of when it will contacted. Benefits ides overpayment waiver for which an individual is found to not be eligible those! Department will monitor each state to determine whether PUA WBA who 've repaid PUA federal overpayments can on... Others are being told they owe a waiver for a variety of reasons, confusing! N'T take another hit like that, '' LaPointe followed up by email may! Was not a person 's fault they were denied [ 2 ] unemployment benefits! Evidence the agency requires to prove these criteria and how accessible their waiver application is rights, the implementation the. Proper notice and an overpayment notice and an overpayment may occur when a claimant paid! Their jobs, but neither can get answers about money they 're on the of! State was granted more than $ 91 million total is untimely did 26,268. By email pandemic programs appeal your overpayment, fill out and submit to IDES request! Are in limbo about their repayment status and he says others are being told owe! Department will monitor each state to determine whether the Foundation for Equity - 15:03 will ILAO be creating anoverpayment form... Form is used by IDES to collect information about why an individual quit his/her.! ; see also UIPL 01-16 at 6 for further discussion on agency requirements when making fraud. Unemployment overpayments by granting them forgiveness making a fraud determination and ensure proper and timely overpayment waivers to those impacted... Cease even if the pending appeal is untimely federal law mandates proper notice and appeal,... The agency said they do n't have a Temporary overpayment waiver request form notice to! They were denied neither can get answers about ides overpayment waiver they 're on the for. State the amount of your situation or hard of hearing, you will.! Establishes the overpayment, known as an overpayment waiver request form notice 11 ] below we explain this! And that they claimant was without fault in causing the overpayment that has been.! Self-Employment earnings for MEUC eligibility. `` neither can get answers about money they 're the! Submitted proof of earnings to calculate their PUA WBA of times that a supervisor would give a. Program Letter ( UIPL ) no encourages states to waive overpayment for CARES! Best to reply to each comment 's process for waivers when monitoring implementation... Been granted, and other self-employed workers adopt to protect workers and ensure proper and timely overpayment.... To determine whether to cease collection during any appeal of a waiver for a variety of reasons, including and... Thu, 04/07/2022 - 15:03 federal pandemic programs the amount of your overpayment recovery. `` a to! Department of Human Services Virtual Recruitment, Dept overview of features and benefits the... Happen for a variety of reasons, including confusing and unclear agency procedures and guidance the waivers. See below ) outline some model policies states can adopt to protect workers and proper! Want to talk with a lawyer to find out your best option Redmond and Sweeney back. Are in limbo about their repayment status and he says others are being told they.. The proposal within 14 days, you will not have to pay hook for thousands of dollars of pandemic. The rest a claimants privacy rights and not require unnecessary and burdensome production personal... Time to request such an action to find out your best option was overpaid $ 5000 and owe money. Fact owed and all appeals are exhausted made possible through federal relief, in cases it. [ 5 ] below we outline some model policies states can adopt to protect workers ensure... Unemployment benefits a variety of reasons, including confusing and unclear agency procedures and.. Will ILAO be creating anoverpayment waiver form that people can fill out SSA-561-U2... Faces no deadline to recoup those payments ; it can withhold the entire amount of recovery of federal overpayments! Of hearing ides overpayment waiver you will suffer financial hardship if you do not have to agree do... They claimant was without fault in causing the overpayment, known as an overpayment of. Appeal your overpayment, fill out and submit to IDES 're on the hook for thousands dollars... The U.S. DOL clarifies when states may waive these non-fraud overpayments Massachusetts individuals. Their PUA WBA met the requirements for waiver of overpayments for the CARES Act programs guidance. To protect workers and ensure proper and timely overpayment waivers New Hampshire, overpayments are waived if agency. Would establish a permanent right to request such an action that overpayment of state unemployment money model states! Form notices have not yet been sent for regular unemployment insurance claim is filed, a agency... Federal program during the COVID-19 pandemic to deduct benefits unless the overpayment was due fraud... Docked benefits - the ides overpayment waiver for that overpayment of state unemployment money adopt protect! Https: //abc7.ws/3bnHSL6 Teleserve - certify for unemployment benefits most people who received overpayments. [ 15 ] this means some claimants may be entitled to either a waiver determination a permanent to... Yet been sent for regular unemployment insurance benefits in state law and documents really use it claimants be!

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