Unemployment benefits claim overpayment appeal

by Tamara
(Repaying Unemployment Benefits)

I was collecting unemployment benefits after I got laid off. Three months later I found a job and STOPPED claiming the benefit weeks since.
I now get a letter stating I have to repay an over payment for failure to correctly report work and earnings for the weeks while I worked. But I never claimed any weeks since I started working and recently reapplied for benefits since getting laid off again. What are my chances of winning this appeal?
How do I go about it? Do I need a lawyer (Cant really afford one)
Please advise,

Hi Tamara,

If you do not think you can make the case for yourself that you did not receive unemployment benefits for any week you were not totally unemployed...yes, you should consult with an attorney and compare which will cost more...the attorney or repayment.

But if you can prove through use of paystubs, deposit records, etc. that the state is in error...then no. You would just need to appeal the overpayment determination or provide the documentation to make your case and ask for a reconsideration.

Sometimes, for some reason, the states keep sending money even if you stop claiming weekly benefits. If this happened to you and you accepted the money that would be a problem.

When you reopened the claim the state again checked your wage record. They detected a problem, but if you've done nothing wrong it should not be too difficult to clear things up by yourself.

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Mar 17, 2015
What you need to do right now is get an appeal into the EDD, on time NOW!
by: Chris

I find it troubling that you used the word "letters" and not just the singular because you also said you have only attempted to call the EDD.

My guess is the first letter was an overpayment determination and subsequent letter are some sort of demand to pay it. You must appeal a "claim" determination timely to preserve your appeal rights, so you can fight what is a very large overpayment .. even if it's a mistake by the EDD. That's the process and as much as people think an unemployment department can be reasoned with, the process is mandated by the laws involved ..

On a more positive note, it is not, and I will repeat for effect, NOT beyond the realm of possibility the EDD has made a horrible boo-boo like maybe transposing just two number in an SSN .. or that they may still need to detect it was someone else who may of used your SSN to file a fraudulent claim in the interim fifteen years .. which is where I'm personally leaning without bein able to see your documentation.

What I do know is each state has it's own overpayment recovery provisions, so that they are only now sending you notices of an overpayment to collect that amount is to say the least, a bit fishy itself as California is allowed to offset overpayments for up to six years with tax refunds .. and you didn't mention that happening to you .. so I'm assuming this is a rather recent overpayment they are trying to get now.

You can find the overpayment provision chart at DOLETA's State Unemployment Law Comparison Charts.

I link to them here.

And get that appeal out and sent as instructed on the first determination/letter you should of received on this matter.

Mar 17, 2015
by: Anonymous

Hello, I am a resident of California, and I am currently receiving SSI, however, recently, I started receiving letters from EDD stating I owe $7688.33 from an overpayment. I have not filed for Unemployment for over 15 years and when I did, I was told I was not eligible to receive Unemployment. I have tried contacting EDD numerous times online (I am deaf and cannot call) and I get the same annoying runaround stating I have to contact the appeals department which I have done 6 times to no avail. And the letters keep coming. I believe I am a victim of Identity Theft and someone was collecting these benefits using my name and Social Security number. Any help in this matter would be appreciated.

Sep 25, 2014
overpayment made to me and i dont know why just want to get it paid
by: Tamra

I recieved a letter from EDD stating i was paid an overpayment . just want to find out how much so i can submit payment.

Maybe you should consider contacting the California EDD Overpayment Department to find out how much in benefits you supposedly received that you weren't eligible for Tamara.

Aug 10, 2014
Need help
by: Anonymous


I received a letter from the Florida DEO stating that some details had not been included in my unemployment benefits claim back in November 2013 when I applied. I answered everything they asked me, provided them with the information they needed, and always made sure to enter in all my job search information weekly to receive my benefits on time. I STOPPED receiving benefits in January 2014, and started working February 2014. Now I get another letter stating that a determination was made on my case and I have to make an overpayment of over $1600 because "THE CLAIMANT WAS DISCHARGED FOR MISHANDLING COMPANY FUNDS.THE CLAIMANT'S
THIS DETERMINATION IS ISSUED IN ACCORDANCE WITH SECTION 443.101, FLORIDA STATUTES." I can't afford to pay that back, add to that, I was dismissed for cashing checks that returned. I was in no way aware that they would come back. Will I have to go to court for this? I've already filed the appeal, but I have no idea what to expect of this.

If you do not want to have to repay the benefits, or incur any of Florida's benefit recovery provisions, you will have to file an appeal of the determination and that means you have a chance to prove the discharge from the employer the determination is referencing, wasn't for cause rising to a level of work misconduct for Florida.

There's more information about overpayment recovery provisions on the page about overpayments.

There are two types of unemployment benefit overpayments.

Fraud and Non Fraud (they will usually let you set up a schedule for repayment) and each type can be subject to different recovery provisions of consequence to the individual .. depending on the type overpayment of the determination, or the hearing referees interpretation of law .. if you appeal the determination.

I'm guessing there must of already been a determination, or more precisely, a redetermination issued in Jan. that you could of appealed. (You didn't say YOU voluntarily stopped collecting benefits, but you stopped receiving benefits).

If you let that January determination go unappealed .. you're basically screwed right now .. unless you have some good cause reason for not appealing that determ. like you never received it in the mail to know you should appeal, or you can reduce the level from a fraud overpayment to a non-fraud overpayment.

Mar 13, 2014
unemployment says i owe money
by: Anonymous

Hello i am from new york and i just got today a letter in the mail saying i have to pay unemployment 83 dollars. I have not collected unemployment in ten years. How can i owe money. Also there is nothing that says why i owe money, just that i need to pay within 10 days. I tried calling them but it is after hours. has this ever happened to anybody else.

Maybe it's a scam .. in fact that's exactly what I would suspect if I hadn't had a claim in ten years, nor received any benefits in ten years.

Additionally, if the notice doesn't have any appeal rights noted, or a deadline to appeal the overpayment .. I'd really be suspicious.

Feb 03, 2014
by: Anonymous

I was laid off from my job in may of 2013. I filed for benefits and was approved for 169.00 a week. I have received my 26 weeks of benefits.

They told me to keep filing just like always and I did. But I have not received any more benefits due to the fact that congress has not extended the benefits.

I did not work any during the 26 weeks. went to all my interviews I was supposed to go to. I filed every week. Today I received a letter stating I owed them 988.00 over payment for being paid to much.

How is his possible I am not the one that determined what they paid me they were. I have four children and no job what am I supposed to do.


What state are we talking about?

Does your overpayment determination say they overpaid you too much each of those 26 weeks, or does it specify the dates of the weeks in which they think overpayment occurred.

I know you're feeling panicked, with four kids and all, but take a deep breath. I can't help you to figure anything out .. unless you help me get the answers I think I need to help.


Oct 11, 2012
by: Anonymous

I got laid off from my job in april I started receiving unemployment in may I just started wrking again in sept but not full time or part time its for per diem hrs(only when needed) I never stopped filing un employment because of this. They sent a letter in the mail however I didn't receive my unemployment this week why?


Care to share anymore relevant information so I can guess about why?

Such as what the letter told you and whether you've been reporting the per diem pay?

Jul 28, 2012
by: Anonymous

i was laid off from my last job . so applied for benefits . the day i submitted my benefits i got a job. at pizza hut as a gm when i got my first check form work they pay was not what they promised and they said it would not be fixed. if i did not like it i could leave . so i left the a week later i found out i qualify for benefits from my job i was laid off from ..about 3-4 months my benefits got shut off because i worked at pizza hut in my waiting weeks ... I was penalized for working at pizza hut during my waiting weeks my benefits got stopped i filed an appeal they investigated and i started receiving my benefits again now its been a year in July 2012 iv been on ui i filed for my new claim and now there saying i should have never gotten my benefits started again and i owe 13 thousand dollars !!!! how is this my fault i filed my appeal they stared them again and extended me twice how is this my fault i did not turn them back on i just filed my appeal like i was told to do now i owe 13 thousand because of their mistake if i did not qualify why did they appeal in my favor and start them back on in the first place im only 22 thats alot of money to come up with do i owe this back i think i should take them to court my self i need advice please!!!!!!!!!!!!

I don't really know what to say .. except for this.

For some reason, I'm hearing from a lot of people facing some stiff overpayment determination, despite the fact that the original voluntary quit from a subsequent job to filing a claim for a layoff, has already been ruled .. via an appeal hearing, a voluntary quit with good cause due to unsuitability of the job they accepted .. because the new employer misled them about the conditions of the work at time of hire ..

If this is what happened to you, I would first try sending an appeal of the overpayment and attaching the hearing decision which found the voluntary quit was with good cause.

If you're lucky, they may just issue a redetermination and back off.

However, what's actually happening .. at least in some cases and only in my opinion is that the government is taking full advantage of the unemployed's lack of understanding regarding UI benefits .. in the hope that people will just roll over and repay what they received.

It's shameful what's happening!

Fight! Even if you jut think they are wrong, but can't put your finger on why ..

The recovery provisions between non-fraud overpayments and fraud overpayments can be a lot different from each other .. even if you do have to repay.

Some states even have specific reasons that may allow a person to get a wavier of overpayment.

Feb 24, 2012
by: Anonymous

I was told in July I recieved benefits I was not entilted to,4,500 to b exact.I hit the panic button and without questioning any of It I paid it back.as I did some backtracking I worked some partial weeks n didnt key in amounts,but 4 of them I have no Idea what happened,now I am being penialized 24 weeks,2 weeks for each claim.I work construction and Its weather permitting,anyway I appealed and I am waiting on the review comissions to scheldule a hearing.I have drawn benefits off n on for 22 years,I think this is a little harsh punishment,I am single with morgage,car,and everyday living expenses,If they dont reconsider I will lose all n basically be homeless.Why not audit all the people who work under the table for cash and still claim benefits.

Feb 17, 2012
repay of ben
by: Anonymous

They told me each week i file i have to show the places i applied for work so i mailed it in and months later they are tellin me that i owe money can someone please tell me what i have to do?

Feb 17, 2012
by: Anonymous

I live in Alabama.

2 years ago I was let go from a small family owned and ran company after they had been broken into and robbed. The owner thought I had something to do with it. I knew I didn't and the police would figure that out soon enough and put him in his place. Unfortunately, I was let go before the investigation was complete.

I filed for unemployment and received my 1st lump sum and payments for 2 weeks and 1 more week after that.

Then I was denied and received a letter. When I contacted them they said that because the company had offered me my job back I could no longer receive benefits.

The owner's daughter had sent me a text and asked if I wanted to come back.

Of course it was because I had filed for unemployment, but because of everything I had since become homeless and was staying even further away from their store in Tennessee and couldn't make it on minimum wage.

The owner did tell the unemployment office that he suspected that I had been part of the burglary when they had contacted him which isn't grounds for termination UNLESS I was guilty, but then they offered me a job back and I did try to argue that they were only offering it because I had filed for unemployment and knew I had moved.

I filed for food stamps and asked the owner if I sent him the paper work if he'd fax it in. He agreed and low and behold my food stamps were cut off as well. When I called to see what the problem was, it was because he never sent in the paperwork!

He was just trying to screw me over anyway possible! Anyways, after their job offer I didn't receive anymore payments of unemployment and never heard back from them when I tried to appeal it and at least get the statements from the owner to sue him. Now that I've filed my taxes they're saying I owe $512 in over payments! I only received 3 wks worth of payments to start with.

Since I had moved I never received any information stating that I owed any money.

I would've argued it then before they took my tax refund! When the investigator told me there was nothing else I could do he never said I owed any money either.

Anyone I call gives me the run around as usual and talk to me like I'm scum when I did everything legally! Should I just take the owner of the store to small claims court? After all, he obviously was trying to screw me over and probably lied about the day that they offered me a job! It should be obvious that it took 2 weeks to get the ball rolling alone, then give them another week to decide how to procede and offer me a job again and then my benefits ended but someone somewhere isn't smart enough to figure this out and it's the government so I have no rights!


So, are you telling me none of this is due to anything you should of or could have done and you have zero accountability for any fault in this situation?

What do you mean you "tried" to appeal?

Always the victim .. never the solution.

Jan 20, 2012
if you are not getting enough hours on your job can you still draw unemployment
by: Anonymous

I was receiving unemployment payments for about a year then I found a job that was not paying me that much so I continued to draw unemployment . so when I started getting more hours I stopped payments of unemployment now they sent me a letter saying that I owe them back for the months I worked and was still drawing.

Question .. when you weren't making all that much and continuing to collect benefits, were you reporting the little you were earning each week you claimed benefits?


Apr 09, 2011
by: Anonymous

I think my overpayment is about 4-5 years old and they still send me "overpayment billing" statememts, how long will I get these? They take my state tax already.
I don't even feel this is my fault in the first place is why I do not pay them and why I just let them continue taking my state tax...........5-6 yrs ago my hours were cut at my job and I was told I could file unemployment, so thats what I did, I faxed in my information alot of times bc I would miss the day I had to call in....so I guess their saying during those times I got more than I should of...I just remember, faxing in for unemployment bc I missed the day and they are the ones that gave me too much............
I guess my question again is......Will this ever go away?

See Arkansas recovery provisions for fraud and non-fraud unemployment overpayments

Mar 19, 2011
How can I get this waived? and how is this overpayment my fault
by: tyler

Im in Alabama, and have been collecting unemployment since may of 2010. I have not worked or have been hired by a company since my previous employer. When my account ran out of money, I called and filed for an extension, it was granted to me and THEY told me to continue claiming each week. Well now I recieved 2 letters saying I owe a total of 5,000 back.from may of 2010 and july of 2010 and the other was from dec. 2010 through march of 2011. and it was determined that it was not my fault and I did not willfully make false statments. So I sent an appeal in, but they are saying the reason for overpayment is I didnt have enough total earnings in my account. But this was never told to me when I called in to file for unemployment or extensions. They simply granted me benefits and told me to keep claiming untill I found a job. So how is this my fault and my responsibility to pay this back, when they screwed up .Whats my chances of getting this waived? Finacially my family cant afford this, already have a 2 year old and my wife and I are expecting our 2nd. Its impossible for us to pay this back with no incoming funds.


Without seeing all your paperwork .. I cannot even begin to tell you what I "think" the problem is .. except that it sounds like a monetary problem with your wage record.

If you won on appeal, the regular benefits appear that they should be removed from that total amount, but when you begin talking about a federal extension within the same first benefits year and monetarily qualifying for that .. I, just like you am at a loss to tell you why there is an overpayment on the extension money.

I I know for certain is that if you have received an overpayment determination even if it's more than one .. they both need to be appealed so you do not lose your appeal rights and that in itself becomes your problem.

Feb 07, 2011
Overpayment appeal
by: Anonymous

I have been out of work for 9 months now. I worked for a temp agency for a year and a half. I was told that I was being let go and laid off. I applied for benefits operating under what they told me. Now they are contesting my claim, saying I was fired. While it is true that I had some issues at work a month or two before, no one told me I was fired nor did I get presented with any paperwork saying so. If I do not appeal my case I will have to pay back a large portion of 9 months worth of benefits, but I have no physical evidence to show one way or the other. What should I do?


How can anyone possibly tell you what to do with the little information you provided.

For crying out loud .. all I know is that you worked for a temp agency .. which could be part of the problem.

I know for certain .. I don't have nearly enough information to explain why there has been a nine month delay.

Jan 21, 2011
by: Anonymous

I was approved for short term unemployment back in April of last year. I collected for a month and stopped calling in because I had withdrew my 401K check from my former place of employment. So I got the 401K check and reported it to unemployment. And they said it wouldn't be a problem but I didn't call in to claim benefits until late July all the way up until the fallowing month. My benefits were cut off because of problems at my former place of employment and I was disqaulifed. 6 months later I get a letter saying I owe 4.000 dollers back to them but I only collected 229 dollers a week for the month of April,late July and all through Augest. How could this be

Your guess is as good as mine. There's more involved here and I'm guessing .. they just lumped in the month of April from last year .. for the short-time compensation .. You should appeal the overpayment determination at least .. and there should also be a non-monetary appeal which denied benefits that needs to be appealed .. or should have been appealed.

Oct 15, 2010
Over payment appeal
by: Lili

My husband was recieving unemployment benefits due to being laid off. he got a part time job and comtinued recieving partial benefits. He was then fired from the part time job due to mis conduct. he reported that he was no longer working and the benefits just continued. He receieved benefits and even was approved for an extension. Now we receive a letter stating that he had to pay it all back due to the fact that he had "willfully submitted false information" or "attempted to commit fraud" they did an investigation and said that he was not eligible for benefits due to the fact that he commited embezzelment. ($8.00) yes, eight dollars. But he was already recieving benefits before he started the part time job. We appealed and have a court date next week. What do we need to prepare?? we have never gone to court for anuthing before. Do we need to get a laywer?
Any all advice is apprecieated.

It all goes back to whether he appealed the denial caused by the separation from the part-time job. The most recent work is the work that controls the claim. If he was fired for actual misconduct .. there is nothing you can do about it.

But overpayments .. there's often two kinds. There fraud and there's nonj-fraud.

If you can afford an attorney .. get an attorney. They may ber able to help you avoid the "fraud" finding. and usually, the repayment is quite a bit different between the possible findings.

Yes, find a lawyer.

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