While the proposed changes to this section of the Administrative Code appear designed to expedite the claim filing process, the proposed change to 16 VAC 5-60(E) which reduces the timeframe for filing a continued or weekly claim from 28 days to 21 days is a step in the wrong direction. Since the introduction of the Customer Self Service (CSS) portal in November 2021, the Commission has been unable to maintain consistent delivery of the service and has repeatedly taken it down for days or even weeks at a time. Even when overall service has not been interrupted, many individual claimants routinely find themselves unable to access their own CSS accounts due to false-positive anti-fraud measures or other technical issues. While the ability to file continued or weekly claims electronically allows a claimant to file these claims much more quickly and theoretically meet a tighter deadline for filing, the Commission has yet to demonstrate that it can provide reliable, consistent electronic service to claimants. Shortening the deadline a claimant has to file only increases the likelihood that a claimant experiencing technical issues will be denied benefits for no fault of their own. 

These concerns about electronic filing are to say nothing of the many claimants who elect not to use the CSS. Many claimants, whether due to lack of access to the necessary resources, lack of technological proficiency, or personal preference, may file an initial claim and weekly claims for benefits without ever accessing the CSS or receiving electronic correspondence about their claim. Per Commissioner Roth's recent statements in RD874, Report on Electronic Communications and Their Impacts on Virginia Employment Commission Operations, a recent sampling of 16,014 claimants found only approximately 54% indicated a preference to receive communications by email. Accordingly, many claimants receive important documentation or updates about their claim through postal mail, which induces periods of receipt and response much longer than those of electronic communication. Shortening the filing window from 28 to 21 days does a disservice to all claimants who rely on mailed correspondence about their claims. This is especially problematic when considering that many claimants who do not file electronically do so not out of choice but out of financial, educational, or accessibility limitations. 

Furthermore, even if claimants do pursue unemployment benefits strictly through CSS, the Commission's current protocols require all claimants to enter a unique PIN to file for weekly benefits, a number delivered to the claimant via postal mail. The Commission has experienced many issues within recent years where PIN letters were mailed to claimants on a delay or not mailed to claimants whatsoever, even outright suspending the mailing of PIN letters during a period of high filing volume during the COVID-19 pandemic. Given the Commission's own delays and errors in mailing PIN letters and the very real possibility of delayed USPS delivery, shortening a claimant's filing deadline increases the likelihood that their claim may "close" before they have the means to pursue it.