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PA UC says I'm ineligible after switching from W2 to independent contractor - confused about partial benefits

Hey everyone, I'm totally confused about my unemployment situation. I was laid off from my full-time marketing job in January and was approved for regular UC benefits. I've been collecting for about 8 weeks when I got an opportunity to do some freelance graphic design work. I thought I could still claim partial benefits as long as I reported my earnings and they were below a certain threshold, but when I reported my first contract payment ($275), UC sent me a notice saying I'm completely ineligible because I'm now self-employed. This makes no sense to me! I paid into the system for over 12 years as a W2 employee, and I'm nowhere close to earning what I made before. My freelance work is only about 15 hours a week right now. Doesn't PA UC have some rule about being able to continue getting partial benefits until you reach a certain income level? I'm seriously stressed because I can't survive on just my freelance income yet, but they're cutting me off completely. Has anyone else dealt with this situation? What am I missing here?

Zara Perez

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The issue here is that PA UC has different rules for self-employment versus part-time W2 work. When you become self-employed (independent contractor/freelancer), you're considered to have started a business. UC generally views this as making you ineligible because you're now the boss of your own company, even if you're not making much money yet. If you were returning to part-time W2 employment, you could receive partial benefits. But self-employment is treated differently under UC regulations. You should definitely appeal this determination if you just got it - you have 15 days from the date on the notice to file your appeal. In your appeal, you'd need to argue that your self-employment is minimal and not providing substantial income.

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Thanks for explaining! That's so frustrating though - I'm making way less than I would qualify for in partial benefits. Do you know if there's any exception for someone just starting out with freelance work? The UC rep I talked to on the phone (after like 30 attempts) just kept saying "self-employment makes you ineligible" but couldn't explain why it's different than part-time W2 work.

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Daniel Rogers

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same situation happened to me last yr... its so dumb. they stop everything the secnd u report any self employment no matter how small. they dont care if ur barely making anything

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Ugh, that's what I was afraid of. Did you end up appealing or just giving up on the benefits?

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Aaliyah Reed

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This is a common misunderstanding with PA unemployment. The key distinction is that with self-employment/contractor work, you are technically running your own business with no set hours. This differs from part-time W2 employment where you have defined hours and an employer. Here's what you need to know: 1. PA UC considers you "unemployed" only when you're not working at all or working reduced hours for a W2 employer 2. When you become self-employed, UC considers you to have full-time work available to you (even if you're not getting enough clients yet) 3. The rationale is that as a self-employed person, you could theoretically work full-time hours seeking clients You can try appealing with the argument that your self-employment is truly limited in scope and hours, but these appeals rarely succeed unless you can prove the work is extremely minimal (like a few hours a month). Did your determination letter specifically mention self-employment as the reason?

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Yes, the letter specifically mentioned "claimant has become self-employed" as the reason for ineligibility. It's frustrating because I'm only working about 15 hours a week and making less than 30% of what I earned at my previous job. I understand the logic behind their rule, but it doesn't reflect the reality of starting freelance work where clients and projects build slowly.

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Ella Russell

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I had EXACTLY this problem!!! The whole system is designed to PUNISH people who try to slowly get back on their feet instead of helping us!!! I got cut off completely when I started doing Uber just 10 hours a week while looking for a real job. It's complete BS because they look at it like you're "fully employed" the second you do ANY independent work!!! I tried calling PA UC like 50 times and NEVER got through. Wasted hours of my life listening to that stupid hold music just to get disconnected!!!!!

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Mohammed Khan

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have you tried using Claimyr to reach them? that's what I had to do when I was having issues with my claim being stuck for weeks. they got me through to a rep in under 30 minutes when I had been trying for days. their website is claimyr.com and they have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Definitely worth it when you're desperate to talk to someone.

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Gavin King

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Actually, there is a potential loophole you might be able to use. PA UC does have something called the Self-Employment Assistance Program (SEAP) that allows people to start businesses while receiving unemployment. However, you need to apply for this BEFORE you start any self-employment activities, and it's only available to certain claimants who are identified as likely to exhaust regular benefits. Since you've already started freelancing, this probably won't help your current situation, but it's important for others to know about. For your situation, your best bet is to appeal and argue that your freelance work is just temporary, minimal side work while you continue to look for full-time W2 employment. Make sure to emphasize that you're spending most of your time seeking regular employment and that the freelance work is just to help make ends meet temporarily. Did you register a business name or get an EIN for your freelance work? That sometimes makes it harder to argue it's just temporary side work.

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I didn't register a business or get an EIN - I'm just doing the work under my own name and reporting it on a Schedule C. That's good to know about SEAP though! I wish the UC rep had mentioned that program when I first told them I was considering some freelance work. I definitely would have applied first if I'd known about it.

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Nathan Kim

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wait im confused. if u make less money freelancing than ur weekly benefit amount why cant u get partial? thats how it works with regular part time jobs right?

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Aaliyah Reed

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That's the key difference - with regular part-time W2 jobs, you can receive partial benefits as long as you earn less than your weekly benefit rate plus the partial benefit credit (about 30% extra). But with self-employment/independent contractor work, PA UC considers you to have started a business, which makes you fully employed in their eyes regardless of how much you're earning. It's an important distinction in how UC rules work, and it catches many people by surprise.

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UPDATE: I called PA UC again (finally got through!) and got more details. The issue is that they consider self-employment as having "full time work available" even if I'm not fully booked with clients yet. The rep explained that because I have control over my schedule and could theoretically take on more work, they view me as employed full-time. I'm going to appeal based on the fact that I'm still actively looking for full-time W2 employment and can document my job search efforts. The freelance work is just to help pay bills while I look for permanent work. The rep said that might help my case, especially if I can show that the freelance work is limited in scope and temporary. I'll update again after my appeal!

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Daniel Rogers

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good luck! let us know what happens cuz I might try that too

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Zara Perez

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Good plan. Make sure you bring documentation to your appeal hearing showing: 1. Your job search activities (applications, interviews, etc.) 2. The limited nature of your freelance work (contracts showing project scope) 3. Your significantly reduced income compared to your previous employment Also, be ready to explain how many hours you actually spend working on freelance projects versus looking for permanent employment. The more you can demonstrate that freelancing is just a temporary, partial activity while you seek full-time work, the better chance you have.

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Mohammed Khan

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my friend had this exact situation and she just stopped reporting the freelance income temporarily until she found a new full time job. not saying thats what you should do but thats what she did. the system is broke so sometimes u gotta do what u gotta do to survive

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Aaliyah Reed

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I have to caution against this approach. Not reporting income to UC is considered fraud and can result in having to pay back all benefits received plus penalties. PA UC regularly conducts cross-checks with tax filings, and if they discover unreported income, the consequences can be severe. They can also put a lien on future tax refunds and even pursue criminal charges in some cases.

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Ella Russell

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I still think its so unfair that they treat self-employment differently than part-time W2 work. It's like they WANT to keep us dependent on benefits instead of letting us slowly build up work. How are we supposed to transition back to full employment if they cut us off the second we try to start something??? The whole system is broken!!!

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Gavin King

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The policy does seem outdated, especially considering how many people work in the gig economy now. The UC system was designed primarily for traditional employment models. Some states have updated their rules to better accommodate self-employment and gig work, but Pennsylvania has been slower to adapt. The theory behind their policy is to prevent people from collecting benefits while secretly running successful businesses, but it definitely hurts people legitimately trying to transition back to full employment through gradual self-employment.

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