Generally, 40 days after receiving a TAA/ATAA petition, the DTAA will make a final determination on whether or not the eligibility requirements have been met.
Certified Petitions - If the eligibility requirements have been met, the DTAA will issue the worker group one of the following decisions:
- Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance
- Certification to Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility to Apply for Alternative Trade Adjustment Assistance
Note that "Worker Adjustment Assistance" includes individual services and benefits available to eligible workers under the TAA program.
Who is covered by the certification - Generally, the certification covers all members of the worker group who are laid off during the three-year period beginning one year before the petition was filed and ending two years after the date of the certification. Each certification specifies the beginning and ending dates.
Denied Petitions - If the eligibility requirements are not met, the DTAA will issue the worker group a "Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance" and, if applicable "A Negative Determination Regarding Eligibility to Apply for Alternative Trade Adjustment Assistance." Note that workers may be certified for TAA and denied for ATAA, but may not be denied TAA and certified for ATAA, as TAA certification is essential for ATAA eligibility. A negative determination denies workers certification of eligibility to apply for TAA and/or ATAA services and benefits.
Workers who are denied certification for TAA or ATAA may: (1) request administrative reconsideration of their petition; (2) appeal the denial; and/or (3) apply for reemployment services from other programs such as those available through the Workforce Investment Act's Dislocated Worker program, also available through local One-Stop Career Centers.
Notification of Certification or Denial - The DTAA will notify petitioners and a company official of its determination. If the petition is certified, the state will notify the individual workers in the group. Workers who are certified by DTAA may then apply for individual reemployment services and benefits under TAA that will help them obtain suitable employment. In order to receive benefits for ATAA, workers must also meet individual criteria. Certified workers apply for individual services and benefits through their local One-Stop Career Centers. |