Do I Need a Lawyer for an Overpayment of Unemployment from Eight Years Ago
I received a letter stating that I was overpaid 7,890.00 and it has doubled in 8 years which is because II moved around a lot and didn't have a stable home.
I called in to see what was going on and I was informed that the employer appealed my benefits.
I was a college kid when I received benefits and they're stating I was working while receiving them.
Now they say I have 10 days to write an appeal stating why I do not agree with the over payment.
Should I get a lawyer? I do not know how to even start writing an appeal.
I Think You Should Talk to a Lawyer About the Overpayment
I see issues crawling out of the woodwork here .. other than just an overpayment, so ya, I do think you may need to at least talk to a lawyer, but then if you're going to do that .. you should know something about what you're talking about .. so they can't get over on you.
The overpayment is eight years old, and it's doubled in size, because the overpayment at some point was determined, or decided to be a fraud overpayment.
I think this to be abundantly clear, not just because I looked at the overpayment recovery provisions for Oklahoma unemployment insurance benefits, but because you told me this: "I was a college kid when I received benefits and they're stating I was working while receiving them."
That's a big no no, so I do hope you're able to prove otherwise.
The difference in the two
types of overpayments .. when repaying, can be huge.
And lots of people end up repaying benefits because they ignore the process which includes determinations .. and appeal hearing decision .. held on the most common type of appeal .. employer appeals.
Non-Fraud Overpayment Info:
OK can assess 1% interest per month beginning on the date the overpayment was first determined. Ok can offset 100 percent of the overpayment amount, against future benefits without a limitation of years, unless the overpayment was also determined to of been caused by a state administrative error. If this is proven to be the case, then the time limit for the state is one year.
However, OK can also recoup non-fraud overpayments caused by administrative error by taking state/federal tax refunds and to take the non-fraud OP to collecting the state can also pursue civil action (judgement) as well.
Fraud Overpayments in OK: Well in addition, there can also be some very stiff fines/penalties assessed, in addition to up to six months in jail.
I'd like to help, but I'm concerned your level of appeal has progressed to the point you do now needs an attorney .. to not just help you write the appeal letter, but explain to you is an appeal letter would do any good because you're claiming your excuse is moving around while collecting unemployment .. which isn't a good cause reason for not following through to change your mailing address with the state .. each time you moved.
If you want to see the Oklahoma Recovery Provisions .. here they are
Chris - Unemployment-Tips.com