MichiganIf you operate in the state of Michigan, this may sound familiar to you. Though form 6367 has only been around since 2016, it certainly gets employers’ attention. Form 6367 is sent to your organization if the state of Michigan has found your company non-compliant in providing information. The state identifies non-compliance as an employer not responding in four or more instances in the year.

So, what should you do if you receive this form? First, look it over carefully. You will see that the state has listed out each instance that they claim you have not responded to accordingly. They will list the case number, the claimant’s information, and the mail date of the form that did not receive a response. With this information, I recommend looking up a sample grouping of these claims. While reviewing this information for some of my clients, I found a pattern that many, if not all, of the instances listed were incorrect. In fact, in most cases, the instance listed was a hearing decision that had been sent to the client that did not require a response.
What do I do if form 6367 does contain incorrect information and I was not delinquent in my responses on these cases? You do have a 30-day window to protest this form. You will need to take your time to go through each instance that the state claims you were not compliant, look up those instances and find what actually happened. I recommend making a spreadsheet to track this information as you look through it. From there you should write an appeal letter and include a summary of your findings as well as a copy of your spreadsheet with the notes of the actual outcome of each case. The state has been appropriately responsive to our protests filed and has quickly reversed determinations if they found that our findings were correct and their summary was inaccurate.
What do I do if form 6367 does contain claims that I did not respond to? All states take compliance very seriously. It is very important to respond to the state with appropriate information promptly, even if you do not wish to contest the claim. Moving forward your organization should work to make sure that you are always providing some response when required to the state, and properly document that response, so you have proof should it be needed in the future.
Will I have to do this every year if I operate in Michigan? Hopefully not. As I mentioned this form was new as of 2016, and there are still some hiccups occurring with the process that the state is working to iron out. One of my most thorough and informed clients got some more information from the state last week that they kindly shared with me. It seems when UIA’s form 1713 is submitted electronically via SIDES it still has to be manually entered into the system once it has been received. Some adjudicators are not documenting receipt of form 1713, and some are just falling through the cracks. Michigan is aware of this issue and is working to correct it. They are also hoping to automate the process in the future, so it becomes a non-issue. With the change in leadership in Michigan’s UIA I am hopeful that by early 2019 we will see fewer of these errors. Moreover, by 2020 we may see none.
My advice if you do operate in the state is to make sure you carefully review every document you receive, then respond and protest accordingly. If you are a CCC client and need assistance with protesting form 6367 contact your Account Executive. I have worked with numerous Michigan clients to get these determinations reversed, and we are happy to handle this for our clients.


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