How many people miss out on unemployment insurance?

Among U.S. benefits programs, researchers have spent a lot of time trying to understand why eligible recipients don't actually take up the benefits they are entitled to. Low take-up is severe for many programs: 26 percent of potential recipients took up unemployment insurance (UI) in 2022. This is not a new fact. Since the early 2000s, recipiency rates, what they call who receives benefits of those who are unemployed, has not changed all that much.

Unemployment insurance recipiency rates are about 30 percent of unemployment since 2000

Why is this? Research has provided a lot of answers to plausible reasons why individuals don't take up benefits - people may not be aware they are eligible, applications are hard to complete, there's stigma against taking government handouts, risk of paying back benefits if you mistakenly or purposefully claimed benefits you weren't entitled to can be severe. All of this and more contributes. But even just figuring out who is entitled, granted as a right by the law, is a complicated question.

Some history on these programs can be helpful. Take unemployment insurance. Unemployment insurance was established by the 1935 Social Security Act. Although UI is authorized by the federal government, each state administers a separate UI program through a state workforce agency. Unemployment insurance was originally established to partially replace income for people who lose their jobs due to changes in the economy, not their own fault. Over the past century, it has grown and changed. Some core features have stayed the same though: the program is funded by taxes on employers and paid for by the federal government; the United States Department of Labor (USDOL) Employment and Training Administration (ETA) oversees these programs and provides administrative funding to states to administer it. In each state, individual recipients of UI must meet eligibility criteria defined by each state workforce agency. All recipients (i) must have earned a sufficient income from an eligible employer in a specific time period and (ii) have become involuntarily unemployed through no fault of their own. For example, Nevada's monetary eligibility requirements are described as "1.5 [times the] high-quarter wages in the base period and $400 in the high quarter [or] of wages in 3 of the 4 quarters in the base period and $400 in the high quarter [of the base year]."

Since each persons' eligibility is based on when they earned their income over the past however long and the individual circumstances they lost their job, it's hard to know if an unemployed person is actually eligible. There's no centralized database with a standardized measure of if a job separation is "for no fault of their own." There's also no centralized database of the eligible unemployed. The US uses survey-derived estimates to measure unemployment. With unemployment insurance, the department of labor assumes that about half of the unemployed are probably eligible. This measure undercounts some people who may be eligible but only partially employed and overcounts people who might not be eligible.

Why don't we measure recipiency well?

Why do we not collect this information systematically? There's many answers to that questions. One area is really important. Getting unemployment insurance is actually a two-stage process, where applicants have to file a claim and then claim the benefit each week. Here's what applying for unemployment insurance might look like for someone who recently got laid off. Let's call her Andrea:

Applications to UI are generally filed through an online application these days. Andrea might would start by submitting an initial claim to be processed on the web portal. She'd then not hear anything for a few days or weeks while the state workforce agency determined monetary and nonmonetary eligibility under state law. This often involves the agency first verifying Andrea's income with state and federal tax information and then verifying the context in which Andrea lost her job with her last company.

After, she'd receive instructions to file her weekly (or biweekly, depending on where she lives) certifications to validate that she was eligible each week to receive payment. These certifications often include attesting to eligibility criteria that recipients are able and available to accept work, that they have accomplished state-specific work requirements, and they do not have too much income during the benefit year or certification period. All of these criteria have specific legal definitions that may not be clear like being "able and available" for work. Similar to the initial claim, determinations that arise from questions of eligibility can lead to Andrea not receiving her benefits for a weekly period.

While Andrea has started filing her weekly certifications, state workforce agency staff are making a formal determination about eligibility based on the initial claim information. If they don't have enough information they're tasked with collecting facts ("fact-finding") from relevant parties, like Andrea's old company. This determination includes adjudicating between differing claims from individuals and employers based on state criteria. Applicants, or claimants, can then appeal any determination on the initial claim.

Once an initial claim is determined eligible, Andrea would receive two letters, probably by mail, that said first she was "monetarily eligible" and gave her the amount of unemployment insurance she would receive each week. The second letter would tell her she was "non-monetarily eligible" to get benefits because her layoff was due to no fault of her own.

Then, she'd start to get her benefits for each week she submitted a valid weekly certification.

Claimants' recipiency changes on a week-by-week basis depending on how long people are unemployed, how often they complete their weekly certifications, and state law.

4 examples of how people could take up benefits in different ways based on the state they live in, when they exhaust their benefits, and how regularly they complete their weekly certification.

Unemployment insurance policy is often complex in different ways between states. It's also different complexity in each state. Each state program determines the specific meanings of those eligibility criteria. Similar to eligibility criteria, benefit characteristics vary between states. Each state writes, maintains, and determines what is in that initial claim application. Each state has different requirements for applicants to be eligible and a different process to apply.

This leads to drastically different recipiency outcomes.

In the image above, each gray line is its own state. Although the federal average hasn't changed all that much in the past few decades, there's been a lot of changes in different states, some increasing, and some decreasing.

Each state is making their own decisions

Benefits agencies have control over how policies are implemented and are often evaluated on recipiency through federal and state oversight. Although recent federal memoranda describe a need for benefits programs to reduce administrative burden, state workforce agencies are often limited in funding to make changes to programs. Determining what investments increase social welfare is a challenge for agency administrators, especially when balanced with alternative focuses on reducing fraud. Beyond just changing the proportion of people that can apply, policy and administration lead to drastically different amounts of people that can apply.

Recipinecy rate since 2006 in blue, with states' individual recipiency shown below in gray.

In, 2023, XY states made up XY% of unemployment claims. It's not hyperbolic to say that these states are the US unemployment system for the most part.

COVID changed things

As a reminder, unemployment insurance is a mix between federal policy that changes automatically with the economy, state decisions about their own las and eligibility, and how programs are administered: if the website is easy to navigate on your phone, if navigators can help you with your app, if there's enough staff to answer the phones. All these moving parts make it easier or harder to get UI.

During the pandemic, the US made a huge change to how unemployment insurance works. Whether this was a valid or effective decision to help people in need is up for debate. It does show us at least one thing, that recipiency isn't fixed. Due to changes in who was eligible and how to show your eligibility, recipiency skyrocketed - reaching above 100% of the unemployed population. Some of this is fraud, but that's less relevant for the point at hand. This is evidence that you can get more people into the unemployment system.

Recipinecy rate by state since 2006, with states' individual recipiency shown below in gray. Months with an average lagged recipiency above 100 percent are highlighted in orange

Although this seems obvious, it's important to recognize: recipiency isn't fixed around 30 percent of unemployed workers. It's a choice that states and the federal government has made about how people should take up benefits.

This is changing. In the past few years, the federal government has provided guidance to states that they should make it easier to get unemployment benefits. These memos and letters have focused on what's called equitable access to the benefits. US DOL has been focused on requiring that state workforce agencies allow “the consistent and systematic fair, just, and impartial treatment of all beneficiaries of, applicants to, and participants in the UI program” (U.S. Department of Labor, 2023). These mandates aren’t just an extra requirement. A lot of money was made available after the COVID-19 pandemic for state workforce agencies to respond to these concerns: $260 million for projects that improve equitable access to benefits and $200 million for changes following a consultative assessment of state workforce agencies' capabilities. But, many of these programs have not been rigorously evaluated to see if they work.

If recipiency can change, what's happening in states with higher recipiency?

There's a lot of theories about why recipiency varies so much. In recent years, academic research has looked at how to improve access to benefits. There's a lot of approaches that states have tried in administering the program and also a lot of differences in policy. This patchwork of policy and implementation has led to some outcomes that look like a lot of American history and politics.

A map of state recipiency rates

Northern states have tended to make it easier to get unemployment insurance benefits, and as such have better recipiency rates. These differences are likely caused by lower take-up and more constrictive policy. Black potential claimants, in particular, take up benefits less than other potential claimants, especially in the South.

But states also vary over time. If we look at the bigger states from earlier, we can see how often they have a certain recipiency rate for each month they report it. If a rate is more common, that rate will be a larger bump in the graph below. If a state's recipiency rate doesn't change much in the past two decades, it would be a really tall bump. If the state's changed a lot, it would spread out.

Kernel density plots of monthly smoothed recipiency between 2006 and 2023. These recipiency rates

What's happening in New Jersey? Over the past two decades, New Jersey has had a lot of differences in its recipiency rate. The answer is a combination of policy and implementation. Alongside some changes to unemployment insurance law, the New Jersey Office of Innovation worked with NJ DOL to modernize their system with a focus on making it easier to use for residents. Since 2022, NJ DOL has had a new app, SMS reminders, mobile-accessibility, and plain language descriptions of the law. The impacts are striking. UI is easier to access, and you can see it in the recipiency rate.

That gets us back to the original question: How many people miss out on unemployment insurance? We can't necessarily get that answer and certainly can't use the recipiency rate to get. One solution would be to get better information on who isn't getting benefits. A better recipiency rate would help states make decisions to help their residents. Turning the lights on in a dark room lets you navigate to where you want to go.

Even if the recipiency rate is a flawed measure at best, states can still figure out how to make sure that the people who have paid into unemployment insurance actually get their benefits. New Jersey has done it. And New Jersey is an indication that when they do, we can see it in the recipiency rate.