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OVERVIEW Benefit Accuracy Measurement (BAM) is a program designed to identify the Unemployment Insurance (UI) Program’s processing trends that cause erroneous UI benefit payments or denials. The BAM program is administered for the U.S. Department of Labor by all 50 states to assist state and federal UI programs with identifying error and abuse in UI programs. BAM investigations are a review of the records of a sample group of claimants, selected each week at random, to test the accuracy of UI decisions to issue or deny the payment of UI benefits for a key week. The Paid Claims Accuracy (PCA) program reviews paying claims and provides detailed information regarding the rates, types, and causes of improper payments. The Denied Claims Accuracy (DCA) program reviews claims for specific denials due to monetary, separation, and other nonmonetary/nonseparation issues. Causes of erroneous payments or denials may include administrative oversight, and misrepresentation or errors by claimants and/or employers. BENEFIT ACCURACY MEASUREMENT REVIEWS FREQUENTLY ASKED QUESTIONS Click on the links below to review frequently asked questions received from employers and claimants and about the appeals process. BENEFIT ACCURACY MEASUREMENT REVIEWS The BAM review process includes an examination of employer records and actions, UI Program records and actions, and the statements and actions of selected claimants. Eligibility, payroll, work-search contacts, and employment-office records that pertain to the claimant are investigated. During the BAM review, former employers are contacted to verify payroll records, including current and previous wages. The dates of employment, reasons for separation, and separation payments (pay other than earnings) are also verified. Employers are contacted to verify that work-search contacts reported by the claimant for the selected week were made. If full or partial UI benefits were paid for a week in which the claimant reported earnings, employers are contacted to verify employment and earnings. Cases are selected for review each week. Sample UI claim records are chosen at random by a computer. Selections are made from a list of claimants who were paid UI benefits during a selected week (a PCA claim) and a list of claimants who were not paid UI benefits due to specific issues (a DCA claim). A UI claim may be reviewed more than once. The number of reviews is not predictable since new cases are randomly selected each week. UI claims are not selected for review because of suspicions of wrongdoing. The BAM review process includes an examination of employer records and actions, UI Program records and actions, and the statements and actions of selected claimants. Eligibility, payroll, work-search contacts, and employment-office records that pertain to the claimant are investigated. Former employers are contacted to verify payroll records, including current and previous wages. The dates of employment, reasons for separation, and separation payments (pay other than earnings) are also verified. Claimants are contacted to verify previously submitted personal information and information about job separations, work-search activities, and availability issues. Employers are contacted to verify that work-search contacts reported by the claimant for the selected week were made. If full or partial UI benefits were paid for a week in which the claimant reported earnings, employers are contacted to verify employment and earnings. Claimants are notified that a particular week is being reviewed based on the payment of UI benefits or a specific issue leading to a denial of UI benefits. A detailed questionnaire about the UI claim is mailed to the claimant. The claimant is required to complete the questionnaire and return it. As an alternative, a telephone interview may be scheduled to review the UI claim, and the BAM investigator completes the questionnaire during the interview. The review ensures that UI benefits were correctly paid or denied. If it is determined that UI benefit payments should not have been issued, an adjustment may be made. The results of the BAM review are used to improve the overall quality of the UI Program. If a claimant receives a Form UIB-6, Notice of Decision, denying UI benefits, an appeal may be filed within 20 calendar days of the date the decision was mailed. If a claimant is selected for a BAM DCA review and an appeal is pending, the claimant should continue the appeal process. If an error is found in the processing of a UI claim, the BAM review does not necessarily mean the error can be corrected outside of the appeal process. FREQUENTLY ASKED QUESTIONS BY
EMPLOYERS How does the BAM Program benefit me? The number of times you are contacted is not predictable due to the random selection of UI claims reviewed. You are contacted only when such contact is necessary to properly complete the BAM review. How does the BAM Program benefit me? Detecting and preventing improper UI benefit payments results in decreased UI benefit outlays. This results in decreased UI tax rates. You can help reduce your costs by providing the requested information so that it can be determined whether UI benefits have been properly paid. Supplying this information is not in violation of the Federal Privacy Act of 1974. You can help by:
You may contact a BAM representative to report information or inquire about the BAM Program. FREQUENTLY ASKED QUESTIONS BY CLAIMANTS Can I be selected more than once for a review? What if I return to work? Cases are selected for review each week. Sample UI claim records are chosen at random by a computer. Selections are made from a list of claimants who were paid UI benefits during a selected week (a PCA claim) and a list of claimants who were not paid UI benefits due to specific issues (a DCA claim). Can I be selected more than once for a review? Your claim may be reviewed more than once. The number of times a claim is reviewed is not predictable since new cases are randomly selected each week. UI claims are not selected for review because of suspicions of wrongdoing. When you return to work and are not available for the BAM interview, a questionnaire is mailed with a request to return the completed questionnaire. You are required to complete this questionnaire. If you do not complete the questionnaire, UI benefits may be suspended or past weeks claimed may be disallowed. If you were paid UI benefits during past weeks that are later disallowed for failure to complete the questionnaire, an overpayment is established. FREQUENTLY ASKED QUESTIONS ABOUT APPEALS If I receive a decision that I disagree with, can I file an appeal? If I appeal a decision, do I need an attorney? I did not receive the appeal hearing notice and did not attend the hearing. What should I do now? For more information about the appeals process, read Publication AS-52, The Appeals Process, or call UI Appeals at 303-318-9299 (Denver-metro area) or 1-800-405-2338 (outside Denver-metro area). If I receive a decision that I disagree with, can I file an appeal? You have the right to appeal any UI decisions issued to you. Decisions Issued by Deputies on Form UIB-6, Notice of Decision You must file your appeal within 20 calendar days of the date on Form UIB-6, Notice of Decision. If the UI Program selects you, the claimant, for a BAM DCA review, and you have an appeal or hearing pending, you should continue with the appeal process. The BAM review does not necessarily mean an error can be corrected outside of the appeal process. If you fail to appeal the deputy’s decision within 20 calendar days, you may submit a request to file a late appeal to UI Appeals by submitting, in writing, an explanation or reason why you filed your appeal late. UI Appeals determines if you have provided, under current Colorado law, good cause for filing a late appeal. Decisions Issued by Hearing Officers on Form AS-52, Hearing Officer’s Decision You may appeal a decision issued on Form AS-52, Hearing Officer’s Decision, to the Industrial Claim Appeals Office (ICAO). The hearing officer’s decision provides appeal instructions at the end of the decision. You have 20 calendar days from the date on the written decision to file an appeal. If you do not appeal the decision within 20 calendar days, it becomes final; however, you may file a late appeal to ICAO and must include, in writing, the reasons why you filed your appeal late. ICAO determines, under current Colorado law, if you have provided good cause for filing a late appeal. Final Orders Issued by the Industrial Claim Appeals Office You may appeal ICAO’s decision, which is called a Final Order, to the Colorado Court of Appeals. Pay close attention to the appeal requirements detailed on the Final Order. The Court of Appeals must receive your appeal within 20 calendar days of the date on the ICAO decision. If the Court of Appeals does not receive your appeal within 20 calendar days, the decision becomes final. The issue at the Court of Appeals is jurisdictional. In other words, absent a timely appeal, the court does not have jurisdiction to review the case.If I appeal a decision, do I need an attorney? You are not required to have an attorney to participate in the appeal hearing, which is an administrative proceeding. The majority of parties do not have an attorney representing them. However, only you can decide whether you need an attorney. The UI Program does not provide an attorney for hearings. I did not receive the appeal hearing notice and did not attend the hearing. What should I do now? If you do not participate in the hearing as the nonappealing party, the hearing officer holds the hearing as scheduled if the appealing party participates. The hearing officer then issues a written decision based upon the testimony and evidence provided by the appealing party. UI Appeals mails you a copy of the hearing officer’s decision. If you do not agree with the decision, follow the appeal instructions found at the end of the hearing officer’s decision. If you do not participate in the hearing as the appealing party, the hearing officer dismisses the hearing regardless of whether the nonappealing party attends the hearing; the deputy’s decision remains in effect. The hearing officer issues Form AS-7a, Notice of Dismissal for Failure to Participate, and you (the appellant) have 15 calendar days, from the date of the dismissal notice, to appeal the dismissal. Your appeal must include an explanation or reason for your failure to participate in your hearing. If you establish good cause, UI Appeals reschedules the hearing and notifies all interested parties of the new hearing date and time.Colorado Department of Labor and Employment |
