Unemployment benefits claim overpayment appeal
(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)
Arguing You Don't Owe Unemployment Benefits Back
If you don't think you can make this case for yourself, that you did not claim, or receive unemployment benefits in any week other than those you didn't work or earn any wages, then yes go ahead consult with an attorney, or see if I can refer you to a lower cost, but the real deal an unemployment hearing representative who practices this administrative type law
, but only once you compare the cost for representation
.. with the amount the unemployment dept. may be over-estimating you owe back to them.
I would also know how they should be estimating that amount, as well as the additional consequences often ignored about overpayments.
Here's where I go if I'm looking for how a state
may treat overpayments when the difference is between fraud and non-fraud findings.
But if you can prove (rebut) the agency doesn't know what they are claiming about your claim, .. it may be through wise use of pay stubs, deposit records, and/or their own wage records that help show how and why, the state is in error, about the weeks of eligibility noqw in question, long after the last time you claimed benefits.
Sometimes though, a state agency has been known to just keep sending benefits after someone stops claiming benefits.
For instance ..
Q: Isn't it okay for me to spend benefits they sent .. but I didn't claim?
A: Definitely not, unless you the employee/claimant is deadset on creating an unemployment fraud overpayment issue somewhere down the road.
When you reopened an unemployment claim, it's the last, or most recent separation that typically controls someone's non-monetary eligibility, but it doesn't mean a state won't check it's wage records associated with your SSN.
Detecting unemployment fraud is a BIG DEAL for any state unemployment agency .. but then again, so is identify theft .. a big deal.
This happens to people .. so if you stopped collecting and didn't receive anymore benefits .. my first step would be to find out who I supposedly had worked for during those weeks they claim you owe benefits back for.