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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,
Tamara


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.

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Oct 15, 2010
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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.
Thanks



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.

Jan 21, 2011
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Overpayment
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.

Feb 07, 2011
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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?




Hi,

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.

Mar 19, 2011
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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.
thanks
tyler





Tyler,

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.


Apr 09, 2011
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HELP
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?
Arkansas


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

Jan 20, 2012
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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?

Chris

Feb 17, 2012
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Overpayment
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!






OMGG!


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.

Feb 17, 2012
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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 24, 2012
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benefits
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.

Jul 28, 2012
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13,508
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.



Oct 11, 2012
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unemployment
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?





Hi,

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?

Feb 03, 2014
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Help
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.





Hi,

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.


Chris

Mar 13, 2014
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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.

Aug 10, 2014
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Need help
by: Anonymous

Hello,

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
ACTIONS WERE NOT IN THE EMPLOYER'S BEST INTERESTS.
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.




Sep 25, 2014
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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.

Mar 17, 2015
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Overpayment
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.

Mar 17, 2015
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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.

Apr 17, 2015
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Lost appeal on unemployment
by: Anonymous

My wife was fired from her job and they began to give her unemployment, she received an appeal notice in the mail and attended the appeal, unfortunately the employer did not because he was "unaware" of the appeal. Again she received another appeal notice in the mail and this time both parties attended. My wife lost the appeal and they want $3600 in increments of $202 a month. Unfortunately she is seven months pregnant and is having a hard time finding a job to even help me pay rent and keep food on the table much less paying for overpayment of unemployment. My question is I am able to provide the state with $50 a month but that's stretching it as it is, can they begin to take my wages or mess with my credit if we're not able to pay each month the full asking statement or is this just a scare tatic to make us pay. I'm def wanting to get them there money but simply cannot afford to tack on another $200 a month. Any advice would be a blessing. Thanks in advance.

Apr 17, 2015
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First I need to know which state the overpayment is owed to
by: Chris - Unemplioyment-Tips.com

The reason I'm always asking for the name of the state is because unemployment laws vary state by state and the variances are often created by specific provisions found in law that may create a problem, or a blessed exception with regard to one specific issue of law.

This is also true for the issue of an overpayment of benefits .. it's subject to the specific recovery provisions of a state and some states actually have a provision allowing for a request (wavier) of repayment.

Have you at least attempted to call the unemployment department to ask them if the monthly payment might be made smaller, possibly with an sliding income scale?

In the end, what has happened to your wife, is why I believe the cost of being represented, or at least getting some coaching to know better how not to lose the first level unemployment hearing simply, because an unemployed person doesn't know how to best win one.

Give me the name of the state and I'll see what I can dig up that may help as a sensible next move to explore, or at minimum, tell you why you may not be able to change the monthly amount of repaying the benefits she was initially allowed to collect .. until surprise, surprise the employer appealed, failed to appear, then managed to get the first level hearing reopened.

Chris

Jun 29, 2015
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Unemployment is holding money
by: Anonymous

I was laid off a couple of years ago and received unemployment. After I started back to work I received a letter that I was over paid, which I paid back immediately.

From Southern California
Recently, I was laid off again and put in for unemployment. They said I was qualified but never received any checks. I was told that I was being punished and will not get any money for 5 weeks!

I did just start back to work again, but still have not received any checks. When I called they told me the money was in my account but I do not qualify to get any of it because I needed to be unemployed and fill out the forms for consecutive weeks, which I was unemployed and in which I did fill out the forms every week! My punishment for the over payment is that I do not qualify for unemployment? Even though I did pay it back and I was told that I did qualify for it?
Frustrating!

Jun 29, 2015
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Not my impression of the reason you gavie for denial of benefits
by: Chris - Unemployment-Tips.com

First of all, why did you have to repay benefits way back when if you were laid off? Didn't you question, or appeal the reason for having to repay benefits.

However, this time, it sounds like CA is either ignoring that you paid your overpayment in full, in which case you have to appeal the initial denial determination just to get the benefits for each weekly claim you filed before you went back back to work this last time

How's the system working there in California? A lot like other states trying to recover their general UI funds on the back of unemployed people .. both those at fault and those who just don't know how to work the system?

Aug 26, 2015
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Hardship
by: Anonymous

I received a notice that a owe unemployment $3000 for not reporting my pay even thou it was only part time work. I currently am not working and have not been since May 2015 I recently was released from the hospitial from a heart attack. I have document from hospital and from my apartment complex stating possibility of eviction because I don't have any money to pay rent. Could I possible be eligible for a waiver in the state of Florida for hardship

Aug 26, 2015
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To: Hardship
by: Unemployment-Tips

The possibility of overpayment waviers is detailed state by state in the Overpayment Unemployment Law Comparison Chart found here.

Nov 16, 2015
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Overpayment Confusion
by: Anonymous

Hello,
I have received a letter stating that I owe back to the overpayment due to a time period I was not suppose to qualify for. But I did not know that I qualify for EDD (Yes, I was on it for a bit but have stopped) I didn't use any money that "was" in my EDD card because I didn't know I had it in there. Is there anyway I can be helped??

Nov 16, 2015
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Overpayment confusion
by: Chris - Unemployment-Tips.com

If it is a determination saying you must repay benefits you never received, or at least used, I can only tell you this.

If it were me, I'd be appealing for a hearing, so you can at least have your day and fully address your disagreement with what you think is an erroneous claim determination.

Since you tell me you never used any of those benefits received on a card, there's got to be a record that you didn't withdraw, or use any of those funds placed on the card, kept somewhere within EDD records.

But if you were me, you might also, while waiting for an appeal hearing date to be scheduled, think about requesting a copy of your state claim file. That way you might actually see how the EDD came to it's conclusion you owe back benefits. There should be something in the file that helps you to find a way, or that actually shows what you need to show to the department, or once at the hearing .. that would help you in this situation.

Nov 22, 2015
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not a happy holiday for me
by: Anonymous

I was fired for allegedly stealing. Long story short....I thought I had paid for the items and the cashier let me go. I then walked out my place of employment and no one stopped me.

I was fired three days later.

When I filed for unemployment they gave it to me. Then 2 months later they denied me and now I have to pay back the money.

They gave it to me in the first place, so why do I have to pay back it back if it was their mistake?

Also, this workplace has a lot of violations going on that are subject to dismissal. Could that help my case?


Nov 22, 2015
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Question Why It Will Not Be a Happy Holiday.
by: Chris - Unemployment-Tips.com

Frankly, the info you provided doesn't bode well, at least in my mind, for the ability to reverse what sounds correct to me .. that you were denied.

But my question is about whether the denial that reversed the initial non-monetary determination was an appealable redetermination you ignored, or a hearing decision, after your former employer appealed and you ignored the hearing notice.

Fact is, if one applies for unemployment benefits, they are expected to know how the process works and that any appeal should be filed and the resulting hearing should be attended because that's the part of the process that corrects errouneous initial claim determinations.

And employer appeal is to dispute the individual's right to collect.

A claimant's appeal is to dispute an initial denial of benefits they believe is incorrect.

The hearing decision is generally the last word.

And if an individual, before the hearing had been collecting benefits .. and they choose not to defend their right to keep on collecting .. they should definitely expect to be notified of the overpayment they now must repay.

When people ignore their right to appeal, as well as their employer's right to appeal an initial determination, they are ignoring how unemployment works and therefore, they lose by default .. without lifting a finger to understand the process they began when they filed for benefits.

Jan 21, 2016
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overpayment
by: cherise

If I paid them they over payment why are they makeing me pay back more than what they over pages me. Is it too late to file an appeal.

Jan 21, 2016
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Answer for Cherise about the overpayment.
by: Chris - Unemployment-Tips.com

First, I've no idea if it's too late for you to appeal, but you should already be aware of whatever the deadline is for you to appeal timely.

There's also a chartbook about overpayments, that should explain it's more than what you were paid because of the interest and penalties that are also assessed on a certain overpayments and state by state too, because recovery provisions can and do vary by state.

Jan 29, 2016
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Upcoming Hearing
by: Dana

I have an appeal hearing coming up in two weeks. A few weeks ago I received a letter from pa ucb stating that I was over payed at fault etc... From October of 2012. Which is completely outrageous! I obviously wish to appeal this, but I do not have any of those pay stubs because I only keep those records for two years. I am still on good terms with that past employer. Is there something I can acquire from them that will show that I was laid off on a certain date, to help prove my case? Pay stubs wouldn't really help anyway, I don't think, because we only got paid once a month. I feel lost, confused and scared. Any information would be helpful!!!

Jan 29, 2016
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I can't say Dana.. because this is not enough info: I received a letter from pa ucb stating that I was over payed at fault etc...
by: Chris - Unemployment-Tips.com

Literally Dana, you're asking me for specific advice about winning an appeal to a determination issued at least three years by the state, claiming you were overpaid benefits and due to some fault of your own and that's not obvious to from your description of the determ.

In the past, there have been similar questions asked and answered about the process of discerning what can help us prove what we need to prove.

"I received a letter from pa ucb stating that I was over payed at fault etc..."

etc.... well that can be sort of important if you're me at looking at the recovery provisions for any state, let alone PA where weekly benefits can add up to a very large overpayment to be repaid, if you don't get your proof in order.

Feb 03, 2016
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I got fired, because I called out for a family emergency
by: Anonymous

Hi, I got fired from my job, so I applied for unemployment, I got it for a few months. I later received a call from unemployment with my former employer trying to fight it. Long story short, they won. Now I gotta pay back over $3,000. Unemployment took my last year state tax. If I start paying on it now, will they leave my state tax this year alone or am I screwed ?

Feb 03, 2016
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Comment for "I got fired, because I called out for a family emergency
by: Chris - Unemployment-Tips.com

Hi,

I can only tell you that if this were to be my question which is late coming after the hearing decision which resulted in an unemployment benefits overpayment/repayment finding and one I did not follow through to repay, or appeal to correct the separation finding, I would call the state unemployment department in question to ask it.

The point being state recovery efforts do vary by state.

But the fact for me remains that most of the points I do make relate to overpayments being commonplace after first level appeals are filed by employers, which is why I encourage anyone to know when, how and why, one should always appeal timely, to avoid repaying benefits, or the situation you now find yourself in.

Feb 23, 2016
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Mass unemployment
by: Anonymous

I collected unemployment for 3 months in the off season of my job.Returned to work for the season.4 months after returning to work they send a letter saying they sent me a notice saying i owe all benefits paid to me back due to not responding to a request for proof of identity.
The never sent any Physical letter requesting the proof.
They have no record themselves of sending one.They said they sent me an email 2 months after i stopped collecting.Is that a legal means of request? They have now seized my tax refund rendering me homeless.They never allowed me to speak with anyone regarding an appeal.Do i have a case against them?



Feb 23, 2016
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State of Mass Can't produce evidence they sent a notice ofunemployment benefits overpayment via snail mail
by: Chris - Unemployment-Tips.com

You asked an involving question. But because of what I know many states are doing in the arena of recouping wrongful overpayments without appeals .. I'll bite.

The last time I had a job in the "unemployment insurance field .. at least assisting employers, was 2009.

But if I were you, I'd find a way to appeal because an email should not suffice, given there is no requirement for a person to have an email in this country, or even check one they do have with any frequency.

I may later, personally go check Mass UI law to see if there may be something there about what the state is required to do as far as notifying people about actions on a claim.

Back in 2009, not receiving official notice of anything from an unemployment law agency via snail mail, was in fact the basis of lots of arguments to benefit employers who ignored the need to fax documents that should of been sent to the TPA who was "address of record" for an employer's SUTA.

However, fairly recently, I've read a number of articles, most involving the St. of Michigan where apparently the thought of the powers that be, was the U.S.P.S. was an expensive luxury they could afford to ignore.. because they too were claiming that changes to rules, or regs that allowed notifying people who had long ago been reemployed, but still being notified via their online UI account didn't have good cause late appeals of overpayment notices .. that never went out via mail.

Pretty sure there is also some articles out there that explain that state back pedaled on that ruling and is now sending notices of anything out via the U.S.P.S again.

The differences in unemployment between MA and MI are actually quite great.

Frankly, I'm aghast. Because back in 2009 Mass was still not allowing anyone to participate in unemployment hearings .. via a cell phone .. for privacy reasons.

So that they are now telling you that because they can prove they emailed you about the overpayment and that is sufficient notification for an unemployed person .. is sort of blowing me away.

Fight! Fight! Fight! Or soon, at this rate, we will have no civil liberties left to protect in this country!

Feb 23, 2016
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Mass unemployment
by: Anonymous

After contacting the Atty Generals office unemployments investigations unit has corrected my issue.
They will be sending me a check for my tax refund that was seized due to them admitting it was an error on their part.

Just remember in the words
of Arnold himself "If it Bleeds we can kill it"
Anyone going through a similar issue call the unemployment investigations unit.The customer service reps
are just gonna obfuscate the truth of what you need to do.



Feb 23, 2016
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Mass Unemployment
by: Chris - Unemployment-Tips.com

Very cool for you and very inspiring to me .. when someone lets me know they did something, instead of just sitting quietly and taking some of the crap that is currently being shoveled out by more states than Mass. or Michigan.

It's always much better for me personally, than when someone tells me someone at the unemployment department gave them a terse, or completely "questionable" answer and they let that answer defeat and prevent them from even probing the problem further. Potentially, higher up a government's food chain for a more favorable and correct answer from an attorney general's office who in most states .. is the ultimate authority responsible for keeping that state/federal partnership .. in check.

For those getting overpayments out of the blue like this, or when you first learn about one .. because the state confiscated your tax refund .. do something .. especially if you know states are using questionable overpayment recoup tactics.

Mar 21, 2016
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I need help
by: Anonymous

Hi I owe the labor dept 60,000 dollars and I don't have the funds to pay a lawyer and am in court because of this.

What can I do to help myself.

Mar 21, 2016
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Response to "I need help"
by: Chris - Unemployment-Tips.com

I will say this.. that is a bundle of money you owe.

A bundle as in one I believe would likely exceed the top end of amounts of benefits one could collect while on long term emergency extended benefits in any state, even one of the higher paying states .. when long term emergency extended benefits were still a possibility in this country.

Because the amount is so huge, I'm assuming your overpayment is from quite some time ago and the amount also includes interest and I'm guessing a penalty for the fraud type of overpayment.

That's the type that disrupts receiving tax returns and sends people to jail.

And maybe that's your biggest problem with not being able to afford a lawyer for your problem for me was described by use of the word "court" .. in conjunction with the huge amount.

Court also puts you out of the realm of possibility where I, or any non-attorney could help you now.

The word court also suggests to me, you may of ignored prior efforts by your state department of labor before to collect the overpayment when it was a smaller amount.

But along with the penalties and interest for owing a fraud type of overpayment what should be bothering you is you may now be facing a prison sentence .. depending on which state dept. of labor is hot after you.

Which brings me to my final point.

If all you want is help, to help yourself and not what suspect I might of gleaned correctly from the lack of details you provided I would think someone truly interested in help to help themselves would of went to the useful resource page to glance through the state law overpayment comparison chart

At the very least, it might help to get you up to speed on why your question is putting a crimp in my style of answering questions then again .. maybe not .. also just a guess on my part.

May 01, 2016
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Overpayment of Mass unemployment
by: Anonymous

Hi all,

I'm in a situation that maybe someone can help. I was laid off and after six months or 30 weeks of collecting it ended. I called unemployment at that time and asked if there was an extension; they stated no but stated to me that if I don't find a job I can call back in May and see if I can collect again. Well I did, and they stated that I qualified once again to collect because I was paid through a certain time which qualified me to collect again.

Come to find out that this was an error on their part and now they are asking me to pay back 9,800 because of their error. The supervisor told me over the phone that I was able to collect. Why do I have to pay something back that I did not do.

May 01, 2016
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Why Non-Fraud Overpayments Need to Be Paid.
by: Chris - Unemployment-Tips.com

Actually, some states have the possibility of a wavier of an overpayment, if found to be for a "non-fraud" reason, such as departmental errors.

You can check to see if Massachusetts has a wavier possibility when you locate the Unemployment Repayment chartbook, found here.

Other than telling you this, I would advise you to make sure you take the issue seriously, because the other type of overpayment, or one deemed to be the unemployed person's fault, or a non-fraud overpayment in a state without the possibility of a wavier, is a huge headache and a big reason for me directing Unemployment-Tips.com at claimants.

Jun 21, 2016
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reapplying for benefits
by: John

Hi, I was laid off and started collecting unemployment. A few months later the employment agency I had signed up for sent me a possible job. I did about 6 hours of work for the client (which I thought was part of the application process since many ask me to do a writing test before hiring). I didn't put down that I had worked, and was cited for overpayment. I went before a judge to make my case, but was denied because I had filed past the deadline. So, I repaid the amount. I'm still unemployed, and am wondering if I can reapply for benefits.
Thanks,
John


No idea, as that would require me to actually read the disqualification and reasoning used by the judge that went along with this overpayment.

Jul 07, 2016
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Repayment
by: Anonymous

I was approved for unemployment benefits due to a lay off. Months later I found a temporary job. I then received a letter I was over paid. I paid back everything as they requested. Should I have paid back money for the time I was truly unemployed and approved for benefits. Should I get this money refunded back to me? I am in Texas.


No, you should not of been required to pay back benefits for any week you were totally unemployed and eligible to collect the full benefits amount, but then, that should be the purpose for appealing an overpayment determination that isn't always accurate as to which week the issue causing an overpayment (possibly not reporting temp employment earnings) occurred.

In other words the appeal is your opportunity to prove the amount of the overpayment should be adjusted to only include those weeks moving forward from the time the issue arised.

Jul 20, 2016
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Unbelievable
by: Anonymous

I got fired last year because I yelled at my manager on the phone while I was on a week vacation. They called me the next day while was still on vacation and fired me.

I called the unemployment office and they said I will have to wait to see if my company wants to appeal. A few weeks went by and got a phone call from the unemployment office stating that my company exceeded there time frame to appeal and so I started to the max amount at the time every week.

Well everything was going great till I got a letter in the mail saying that my benefits were being frozen due to my company appealing.

I called the unemployment office and they said there was no deadline and my company could appeal at anytime.

I told them that that's not what I was told and why would they give me money if there was a chance that I could be appealed.

I didn't get an answer and was told I had to go to a hearing. I went to the hearing and a day later I found out I lost the hearing. I had received over $2500.00 in benefits and told I had to pay that back. I told them they were insane and I wasn't paying any of it back. This was 2 years ago.

In just a letter in the mail 2 weeks ago and they are garnishing my wages up to 25% of my weekly pay check.Does anybody know what I can do to prove that this is wrong?

I told them they can have my taxes at the end of the year and I got no response.

I even wrote a letter showing them all my bills I have to pay and there still taking it out every week.

Jul 20, 2016
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To Unbelievable
by: Chris - Unemployment-Tips.com

I wish I could say the same thing .. that I find this unbelievable, but I can't .. because what happened here is part of the cause I made the decision to ever start answering questions about unemployment .. which I'm no longer actively trying to do ten years later.

However, you clearly made a very valid point I keep trying to get across, that the less you know about the process of unemployment benefits, the more likely a person is to be denied benefits even after they have received a portion of the balance they might of had a right to continue collecting the remainder.

First, you wrote something that just doesn't make sense, unless you also received a "re-determination" before a hearing notice.

"Well everything was going great till I got a letter in the mail saying that my benefits were being frozen due to my company appealing."

For a state (state this happened in is as of yet, unknown) to do that, it would be an action that flies in the face of a U.S. Supreme Court Decision.

California Department of Human Resources Development v. Java

So, for your benefits to of been frozen while waiting for an appeal filed by an employer .. a lot of other things would of had to of happened that you must of been informed of by the state to include the possibility that the employer appealed a finding of an untimely appeal that may of well been with good cause.

But, which state this happened in could also be important .. and if I knew which one it was .. I'd of even looked at the overpayment recovery provision chartbook for you, since if the state is now garnishing wages, there must of also been some sort of court judgement against you as well.

You might think it's wrong what the state and the employer did to you, but it all comes down to how and why you lost a hearing due to conduct that occurred while you were off the job and on a vacation, when most employers understand a vacation suspends their at-will right to direct, control and demand you adhere to standard of conduct you must while at work.

My final thought" I think it's now to late for you to learn how t0 fight back legitimately .. because your appeal rights have definitely expired by now.

Aug 15, 2016
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FL overpayment issue
by: Anonymous

I was fired from a job, and this was when FL was just moving over to a new online system for unemployment. My employer agreed to pay my unemployment which was a lie... Well, my first payment was finally approved 6 weeks in or so. I get a letter that my employer lost the first appeal as they didnt respond, they didn't fight it or anything. Well they appeal this decision, we have a hearing and they win. It says there was no misconduct but that I was not qualified to do the work at the job.

So this was back in late 2013. I am nearing the 3 year statute in Florida. I haven't paid a dime nor called them about it. I was sent a letter initially asking me to overpay it. I feel it was unjust as I was not even started in the appeal process til it was really late. I wouldn't have claimed if I knew they would fight it. I owe about $3500 due to this late system processing and lack of customer service on their behalf.

I saw florida has a 2 year statute before they write-off. Am I in the clear? What should I do? I haven't heard a thing from them in 2 and a half years, but it's always in the back of my mind. what could happen to me? Thank you very much.

Aug 15, 2016
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Assuming your's was a Florida non-fraud overpayment ..
by: Chris - Unemployment-Tips.com

First, let me be clear, I can't say I would trust the Florida DEO, or whatever it's calling itself these days, but trust is not something I think anyone should do, when dealing with an administrative law agency like unemployment .. or even the SSA that is causing me personal concerns right now.

Where did you see it was a two years limit, I noted it was a three year limit against offsetting against any future benefits.

Maybe Florida's legislature changed it from 2 to 3 years sometime between 2013 and 1016.

Wouldn't put it past them.

My concern would be more about what's possible for them to do now, as found in the fourth and fifth columns respectively of the overpayment chartbook.

4. Civil action permitted
5. Interest assessed? "No, unless and until a
civil judgment is entered".

Sounds ominous to me since I suspect the state wouldn't move to write anything off, until they get a judgement, potentially when those three years gave you a chance to offset 100% of the $3500 overpayment by confiscating any benefits the state did manage to allow you to collect.

Which would be a miracle in a state where recipiency dropped from thirty percent pre-recession to just over 12 percent in 2015.

Frankly .. the appeal hearing decision also doesn't make sense to me .. because you said it didn't find guilt of misconduct.

" It says there was no misconduct but that I was not qualified to do the work at the job."

Not being qualified to do the work one is hired to do .. has more potential to be found to of been the fault of an employer who ... mishired you despite your qualifications for the job, or alternatively, possible misconduct, if the employer contended the mishire was caused by you falsifying your qualifications on a job application .. which they clearly would not of done a pre-employment background check .. to manage the not mishiring unqualified people.

Did you attend a Florida phone hearing? Especially the last one you lost for not being qualified to do the work?

Sep 22, 2016
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I was wronged
by: Sandra

I was seasonal laidoff and drew unemployment jan 19 2016 while I was out of work I looked for work like florida DEO requires you to and I found day work at labor ready for 1 day at a banquet made $42 dollars and I reported that was feb 12 2016 I was still filing on a bi weekly basis and receiving til march 10 2016 I went back to work at my season al job fulltime. then I just didnt claim nomore , And I got a letter stating I was over paid amd I need to pay 847 for overpayment. I figure they would find there mistake , And I tried calling with no answer and so I put in for appeal and misssed the phone call cause I was at work and realized they were an hour ahead of where I lived. well I tried to get another apppeal however denied because of time . So I am really messed up and it was there clinic error.they had me back to work feb 12 2016 but it was only one day . And I have proof.
SO appeal denied now i owe and they sent it to collections
This country is messed up well florida and DEO real bad has been for sometime.
There thieves.

Oct 09, 2016
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Overpayment issue
by: Anonymous

I had received UI benefits back in late 2012 early 2013, when I started my job in early 2013. I kept getting extension letter telling me to continue to report. So I called and told them that I started a new job and had not got 90 days, do I still need to report. I had only used UI once before, but this was the first time I was offered an extension, so I was clueless.

The lady on the phone was beyond rude and was rushing off the phone and told keep reporting. So I did. 2 years later I get emails, not letters from UI so I logged in and see all these redeterminations and this 27000 amount. I try to call and could not get through, I look up on the line to see what to do and it says file an appeal, so I did. That was in October 2015.

In December 2015, I get this court document stating that because I missed my court date my case was dismissed. No one ever sent me any court papers to my home which I have lived for four years, nor did anyone call me on the phone number I have had for 10 years, or email me.

I have sent hardship request to the fax and mailing address on these payment notices I keep getting with no response. I have even sent a letter to the attorney generals office seeking assistance.

I have been told that there was a class action lawsuit filed against UI for this same issue I am having, but the lawyer told me that. I was not working for the company that there clients were so I could not be added.

I am at a lost on what to do, they told me my window to appeal was closed. They lied and said I was given a court date when I was not, I have written letters, I don't even think I file bankruptcy on this.

Please do you have any advise.




Name of state please .. and of course it would be good to know what the attorney told you .. who clearly, must not of given you advice .. or at least the type you were hoping for.

And .. if you kept filing for extension benefits while employed, did you report each week, the wages you were earning?

Nov 08, 2016
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Overpayment
by: Anonymous

This year february i received uif maternity benefits then went back to in may.and at august i was dismissed.now i went to claim uif and they said i have an overpayment for when i was on martenity leave.my current claim was approved but the panel took my money saying i'm paying back that "overpayment".i went back to the department of labour for help am still waiting to hear from them.its error on their side.how long will it take for them to cancel this overpayment and pay me my benefits back??????


UIF? Labour vs. labor? I'm guessing you're not asking about U.S. unemployment insurance benefits (UIB)? Sorry, don't know how overpayments work where you live.

Nov 08, 2016
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Overpayment issue
by: Anonymous

The state is Michigan and the lawyer just told me to submit an appeal after I told them that UI said it was past the deadline, to which I had no clue about until it was too late.


I'm clueless about your appeal, (especially if this is somehow related to the last comment about UIF and maternity benefits, but I do know that when any appeal is late, good cause for a late appeal is usually an issue that can be addressed at a tribunal unemployment hearing.

Nov 29, 2016
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Unemployment dispute
by: Anonymous

I received unemployment about 3-4 years ago due to being terminated for attendance and I applied for unemployment. I let them know in every statement that I made that this was the reason I was terminated and that I couldn't make it to work because my car at the time broke down and I was working 3rd shift so it was hard for me to find rides. It took 4 months for me to finally get a notice that my unemployment was approved and I started getting unemployment. They sent me a large lump sum, which I used to get caught up on as many of my bills as I could (it still wasn't enough to catch up on everything I owed). A few weeks later I got another letter from unemployment stating that the employer denied my unemployment and that I needed to pay all of the money back. I went through the appeal process until they finally sent me a letter stating that I could no longer attempt to appeal the decision. I attempted to contact an unemployment lawyers and when one finally called me back I was told that there was no reason for me to try to fight the case because the state never looses and for me to just pay them the money and cut my losses. They started garnishing my pay check for the money and taking my tax refunds and it eventually put me in a position to have to file bankruptcy to stop the garnishments so I could take care of my family. I have also been told that I can not pay anything less than what is owed. The interest on the amount I received is costly and I was told that unless I am prepared to pay the remaining balance in full that there is no way for me to ever get back on top of the balance because of the interest. I just received another letter from them stating that they are going to start garnishments again and I am still barely making enough to take care of my monthly expenses as it is. I was honest and I am still being penalized because they reversed their decision. Are there any options for me?

Jan 19, 2017
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Fraud committed by someone else
by: Anonymous

About 15 yrs ago, I was receiving benefits. The claim forms & the checks were mailed to my home mailbox shared with my girlfriend who did become my wife for only a short time. I went back to work and didn't think about unemployment again. After about 6 months I went to jail. My wife and I had divorced while I was in jail. I spent 6 months in jail. Then one day about 3 years after I got out I received a letter from edd overpayments department saying I had been overpaid almost $3000. And with interest I now owe them $4500. My ex-wife admitted to me when I confronted her that she had signed my claims forms and signed my checks during my incarceration and also when I had went back to work. I never knew because I didn't get the mail and was absent from the home. I have been unsure what to do about the situation being she is my kids mother. But now they are grown and edd wants their money. I don't know how to handle this or where to start even. Years later I still receive overpayment statements w insane interest. ?Help?



Hi,

Did you just tell me you've been ignoring overpayment notices for 12 years, (seems to be the length of time since you learned your ex-wife was the one who committed the unemployment fraud) and you let it go .. because you share the same kids .. who are now grown?

I hope they grew up wiser than their folks.

I'm not a miracle worker. So no, I can't see a way I can help at this point, except I can point you to the charts I looked to see what consequences you might be facing from CAOP recovery provisions(Chart indicates CA has a 1 year minimum prison sentence for intentional fraud OPs)

I will tell you I think it would be wise to at least contact a lawyer if you do want to learn if there is anything that might help you now.

The odd thing for me .. aside from the fact you ignored OP notices, is I suspect at this point, the EDD would have already gone after, or at least be likely to do first is to get a court judgment.

In addition, there are other ghastly possible consequences for letting an overpayment slide for years while aware of the reason why you were getting notices.

Awareness alone, can make a person complicit to committing the fraud .. should you choose to throw your ex-wife under the bus with you.

Jan 19, 2017
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Unfair
by: Anonymous

I have been disqualified in almost all my application and all of them were understood wrong. they did whatever they wanted. they don't talk to you they don't call you back and they keep taking money from my irs.

Hi Unfair,

Understood wrong?

All I can really say about that, since I don't know why you think "they" were wrong .. is you're referencing a problem and many of the reasons, for why I have focused on winning the FIRST unemployment appeal hearing.

Which is where you're expected to know you should argue to the issue and burden of proof, to show losing a job was really, an employer's fault .. usually whether you quit, or got fired.

A lower level (tribunal appeal hearing), is in fact, a crucial time in the process, because it is YOUR responsibility, as it is an employer's to know, or at least learn what to do next, to explain, or expose what details might of been missed to cause an unemployment department to get it wrong.

This is done by focusing on how a state's UI laws should/could be fairly and impartially interpreted and enforced to be in your favor by the lower appeal hearing decision. This isn't always going to be the reason some people reason it wasn't their fault, but still, it's a good foundation to understand when one needs to receive or keep their benefits, for the very reason of avoiding repaying benefits .. when a state's recovery provisions allow for confiscating tax returns.

Chris - Unemployment Tips

Jan 30, 2017
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same
by: Anonymous

the same thing happened to my husband and he can't get through to them lines always busy,we lost our car,he can't afford his dibetic meds,we had to move in with my daughter and we never got these checks and this is from 2009 they say.i have no where to turn

Feb 18, 2017
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unemployment is scammers
by: Travis

So I was working for a company for 4 months I ended getting laid off and then started claiming unemployment. after my unemployment ran out I stopped receiving money and started a new job. after a few weeks I get A letter stating I owe 3000 dollars for payback to unemployment due to my previous employment trying to say they offered my old job back which was NOT the case, even the unemployment agency said there is no proof they tried offering me my job back and I did nothing wrong but yet I send an appeal to which they deny!!! so now they are taking my taxes for money that's not theirs!! its ridiculous and I don't know what else to do, any suggestions?

Feb 25, 2017
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IN RESPONSE TO CHRIS FROM MASS!
by: Anonymous

Omg mass just did the same exact thing to me!!! I never received a letter in the mail and when I called the customer service rep said "well don't you check your emails??" Um excuse me but first of all I had already exhausted my UI benefits and was told at the start that I DID qualify and I know I sent everything asked of me I did NOT see any email regarding this! Also if you're telling someone they are to repay so much money and especially a government entity I would expect a letter using at least snail mail! Sayin I didn't provide identification when they never sent me anything even warning me of this! I signed on to the UI site and reviewed all letters ever "emailed" and not one of them was for demanding identity. Which I did give at the beginning before I even collected any money. The first letter they "emailed" was simply stating they made a new determination and that it was overpayment of my entire claim due to lack of ID! Are you kidding?? Now they say it's too late for me to appeal and too bad so sad that they attached my tax return which by the way is half my husbands!! 4300 dollars! I'm supposed to just suck this up? No way! There HAS to be someone else I can go to in the UI depr. The woman I spoke to was extremely rude and when I asked to speak to a supervisor or someone with authority she transferred me to another regular customer service rep and I was on hold indefinitely. I find this way of conducting UI business highly unethical and disturbing. I'm sorry if I sound like b!tch but i am at the end of my rope and very angry. I can't afford this!

The only way I was made aware of this is the IRS said there was an issue with one of our past income tax returns and we are trying to do them over again. I needed a new 1099g from UI so I logged in to this mess! Then I find out they're taking my entire tax return that I was depending on! I'm sorry but even if someone didn't give ID this is totally unacceptable. Email????




Hi Anonymous,

Just so you know .. I'm Chris and I'm not from, nor do I live in Mass .. I just coordinated unemployment hearings for employers in that state .. once upon a time even though I live out west, in a state with a whole lot of big mountains

Feb 25, 2017
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Just to add to my previous comment
by: Anonymous

I just wanted to add that the only correspondence I received trough snail mail since my benefits were exhausted was a letter long afterward stating that someone may be trying to impersonate me and applying for benefits. So I called and no one there could tell me anything about it they said there was nothing on their end about it. NOR did they mention I owed 4300 for the re determination. What is wrong with this dartment?



That might be very relevant Anon. You still have that letter .. don't you?

Feb 27, 2017
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RE: reply Massachusetts & re determination
by: Anonymous

Thanks for responding Chris, YES I do still have that letter! ;-) thankfully. Today I'm going to do what the other poster from mass said he did. Since they won't give me a hearing I'm filing a complaint with the AG.

Fingers crossed! 😩

PS I find it odd that the exact same thing happened to someone else regarding the nature of the re determination, even down to the timing of it. Is this some way of trying to recoup benefits or funds for the state in general? (My tinfoil hat showing lol)



Be grateful you live in Mass and not Michigan.

Failing to properly (per whatever regulations state say) notify an "interested" party to action taken on a claim .. basically is good cause for an "untimely" appeal when a person, or company's rights to due process were interrupted by that failure to notify .. so they themselves could take the proper action .. per how a state's unemployment process is supposed to work.

By the way .. I'm not giving legal advice, but then most people who get caught in this type of snare .. are expected to know the rules that protect them.

In the same vein here's my documented disclaimer.

And here might be a good place to start if you want to know what Massachusetts rules about administrative law hearings might be. (lower level, or in Mass Examiner appeal hearings are administrative law hearings) which is where that letter would of likely been quite relevant evidence about an erroneous overpayment of unemployment.

And here's news about a class action over overpayments in Michigan ..

Totally INEXCUSABLE for that state to do what it did .. when many of those thousands of people could of only been notified, if they had logged into their UI account .. years after they stopped collecting and had already been back to work for some time.

Chris

May 11, 2017
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Overpayment
by: Anonymous

I had been receiving unemployment for a few months and on my weekly claim i accidentally answered the question are you attending school or training..wrong.

I got a letter, filled out the paper online explaining. Then I still had to file an appeal.

They said I owed 1033 dollars in overpayments and they stopped paying me to offset a whole month for repayment before my appeal was even over.

Well, I won my appeal. Shouldn't they still owe me what they didn't pay? They are now telling me my benefits are exhausted.

Well, how did they pay themselves with money I didn't have then? Confused



May 11, 2017
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Getting the back pay from when benefits were suspended.
by: Chris - Unemployment-Tips.com

If my understanding, is correct (note how I edited your question) then it would make sense to me that what you need to do is contact your state unemployment insurance agency and ask them where the money is for those weeks they your benefits were suspended.

If you won that appeal hearing, then the hearing decision should state your case and be useful to refer to when speaking to someone at the UI agency to explain that although your benefits are now exhausted, you never received any back pay for that time your benefits were suspended while you waited for a hearing to fully explore your eligibility during those weeks in question.. if I'm reading you right and suspended benefits might replace the word you used to describe what happened as an "offset".

May 11, 2017
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Overpayment
by: Anonymous

Yea well it doesn't make sense. I'm going to call and talk to someone else. She said even if the moneys put back there's nothing to pay cause there exhausted..

I think someone messed up and doesn't keep up with the paperwork..cause if they are exhausted then if I would of lost, I would of still owed them what they repaid themselves, with money that wasn't supposed to be there? Well, that's their fault, when they can't keep track and keep there stuff up to date, it screws the people relying on it.

I'm going to call tomorrow. Is there anyway to get the money if it was there mistake?


Pretty sure that's what I was trying to say myself. If you won the hearing .. even if you won after benefits were exhausted, it doesn't make sense the state would withhold those benefits, if those benefits were actually the issue looked at and decided, at the hearing you say you won.

Good luck in whatever state it is you're having to deal with.

Chris - Unemployment-Tips.com

Jul 22, 2017
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Never recieved payments so why did i get a overpayment letter?
by: Anonymous

I filed for ui benifets on 6/12. I recieved a letter stating i would have a phone interview to discuss my termination on 7/6. I was denied but recieved a overpayment letter of 800 but i never recieved benfiets. Also it says its from 6/02 but my claim was filed on 6/12. Whats going on??


Hi,
I really can't tell you what's going on, but I will say, this is something that would have me contacting the unemployment department first thing Monday morning to get resolved immediately.

By the way, did you check to make sure the notice had your correct social security number, or any other number that might help the UI dept identify where what the problem is here?

When I noticed problems like this .. I always verified the state document had all the correct numbers such as SSN and file date and claim number.

Chris - Unemployment-Tips.com

Sep 05, 2017
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Over payment
by: Anonymous

Unemployment took money from income tax that I didn't owe they took the money in February they told that they wasn't supposed to take the money and that they owe me a refund every time I talk to some one they tell me it takes 4 to 6 weeks to receive the money here it is 8 months later and I still haven't got my money back.

Is there anything else I can do?

Hi Anonymous,
By the time someone tells me a state has confiscated their individual's tax return, it's generally, long past the point where I would be able to say what else might be done if anything.

I'm a non-attorney and therefore, take a more proactive position to correct this sort of problem while the problem still exists somewhere within the quasi-legal jurisdiction of a state UI agency.

By the time someone tells me a state has got their hands on a tax refund, the overpayment of benefits has likely left the jurisdiction of the administrative law agency quite some time ago, for a state to have acquired a judgement from a real court of law to confiscate a tax refund .. or even garnish wages, or just send the overpayment to a collection agency.

Here's the pdf with all the individual states basic OP recovery provisions.

Recovery provisions - are specified by individual state and the severity varies, depending on whether the department last found the payment of benefits to be due to fraud, or non-fraud reasons, which generally means there was an error made by the state itself at the initial determination level when they allowed benefits.

Fraud overpayments can include any potential prison sentence found in some, but not all states. However the penalties and interest charged on fraud overpayments can be quite outrageous to increase the amount due.

Which, in the end is just one good reason why I believe it is best to be informed about UI law .. and proactive about not having to pay any back.

Chris - Unemployment-Tips.com

Oct 12, 2017
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CA denial of benefits and overpayment
by: Anonymous

Hi there,

Look, I'll be honest with my situation: I collected unemployment while working. I did that for about two months. I was penalized 26 weeks, served my penalties concurrently, and was about to certify for benefits finally; then I get a letter in the mail telling me I'm being penalized 8 more weeks with an overpayment.
I understand the overpayment, but I'd like to appeal the new penalty weeks. I spoke with an EDD rep and was told I've been assessed a total of 47 weeks and that I served 39 weeks already. I don't exactly understand how though.
Anyways, can I appeal the amount of weeks or the period of when EDD assessed these weeks? Do I even stand a chance since I made false statements?

Kind reagards,
Me.


Hi,

I wouldn't even begin to know if an appeal would do you any good because I just don't know enough about the chronology of your claims.

What is clear to me is you admit the eighty weeks is for misrepresenting material facts when you applied, or certified for continuing benefits at some point, whether that is now, or in the past at some point .. I don't know for certain.

However I'll venture a guess as to why there might be eight additional penalty weeks for you to serve, given I know 26 weeks is the maximum number of weeks one can collect regular unemployment benefits in any given claim year (as defined by the BYB and BYE dates on claims).

First, know I'm not here to stop anyone from using their appeal rights because even when someone loses, it might be the hearing decision that becomes a lesson learned.

My problem with your account is 1. the word concurrently and 2. the math does add up if we were to eliminate that word.

California's misrepresentation of fact penalty, used to be 5 weeks .. guess it's eight now, but I'm not going to check the charts to find out when that might of changed, but if I assume you were assessed two different 26 penalty weeks to be served not cocurrently .. and in the past when California could only assess a maximum 5 week penalty .. the math does add up.

26 + 26 = 52 - 5= 47.

39 + 8 = 47



Chris

Nov 11, 2017
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Mine overpayment was there dececte to me help
by: Diana

I was deciveved by unemployment i was approved for disaster unployment assistance they juged me as monetary elgible for max anx started paying me then went back in with no noticed down line redeterminded my montary and said i was over paid but still elgible to recieve they lowered my amount weekly and also been keeping the lowered amount to pay back over paymemt the last payment was now made and i actually got $20 out of last check i can start recieving it now but they finally got me appeal hearing date for over payment its on next date i claim. If i win will i get the money i paid in back and how can i win it seems crooket what they did.


Nov 11, 2017
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For Diana with the reduced benefits
by: Chris-Unemployment-Tips.com

Diana,

I really can't say if you will win your appeal, or not.

I am assuming the determination in question here that you appealed, would be a monetary determination.

How long after you started receiving benefits, did the state redetermine to reduce your weekly benefit amount and more importantly, did it say what caused the reduction.

Also, I would need you to specify which state this occurred in because monetary issues .. are absolutely, state specific.

If you're going to tell me, or the state it is crooked, then you must have some proof that the original benefit amount was correct and therefore the overpayment be taken out of subsequent weeks of benefits is incorrect .. right?

How much a person is allowed to collect each week, up to the maximum benefit amount in a state, is controlled by a claimant's base period earnings, when the state applies it's monetary formula to calculate the amount a person qualifies to receive .. if/when found otherwise eligible to collect.

Do you have pay stubs, or tax returns that might help you prove how much you earned during your claim's base period?

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