Asked in Employment Law and Workers' Compensation for New York

Q: Question about PUA

Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer. Thank you!

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: The Department of Labor determines what proof you must provide. They can request more if it's not clear.

If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any other records you have and formally move each record or document into evidence at a hearing.

What are the key takeaways?

1) Always be honest to the DOL and its employees / judges. And

2) If the DOL asks you for more documents no matter how many times provide those documents or records otherwise an ALJ may direct you to do so.

Each claim is unique. For one a few bank statements or canceled checks does it. For others it goes on and on and often ends up at a formal hearing.

And remember that just because you might be approved for benefits now does not mean that an audit might not get you back to a hearing years from now. I would rather have the hearing now but everyone has their own thoughts.

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