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Unemployment comp payback

by Becky


I'm hoping you can help. I've looked different sites up online and even into some of the services boasting that they will eliminate or decrease $$ owed to the IRS or otherwise, although I don't believe these types of services can help with unemployment issues. You either owe it or you don't, depending on information given and what the offices determine which is the truth.

My main question is whether to payback unemployment benefits after a redetermination resulted in a demand for payback --before-- trying to appeal the redetermination (and what the appeal timeframe is) or --wait-- to pay the $$ back and try to appeal it first.

Just so you are aware, I am helping my brother with this issue. The redetermination is apparently based on trumped up information given by his emplyer of his taking odds and ends garbage parts, normally thrown out, from the business that he worked at -- that they later said they take to the recycling center for $$. In addition my brother was accused of "stealing" business from the transmission place he worked at because he did a transmission job on the side, regardless of the fact that he knew the person and had done side jobs for him prior to ever being employed at the transmission place in question. Who is stealing business from who?! The person only brought their vehicle to my brother's place of employment for an engine diagnostic to determine what the issue was to have it fixed.

The payback amount is $12,000 and obviously, because it was unemployment compensation, was used for everyday living expenses and bills, not to mention that a portion of the $ was not even paid to him but was deducted and paid directly for child support. Why should he have to pay back $ that he never got? My brother does not have that $ to payback, and I believe the redetermination is based on fraudulent lies and misconstrued truths from his employer. He is trying to set up his own business;
however, the IRS has apparently put a freeze on everything, and he is unable to obtain an EIN. At this point he would rather pay the $ and move forward with things, while I would rather see the bogus redetermination overturned and not have to payback $12,000 unnecessarily. If you are wondering why what I matters on his issue, it's because I will be helping him pay it back if there is no other option available.

Answers, thoughts, consultation? Please. We are talking State of Wisconsin unemployment benefits.

Thanks for you time. I look forward to a response from you soon.

Honestly Becky? I would of course appeal any overpayment determination based upon a new determination before paying back the money. The deadline for appeal is on all determinations and even redeterminations.

What confuses me is your continuing use of the word redetermination. It's not that I don't know what that is .. it's just that from the information you provided I cannot get a clear picture of why there is a demand for repayment. I would understand a demand if there had already been a "hearing" and a "decision was issued.

Otherwise what I would think you should be looking at is a redetermination based on a separation from work without good cause and informing of a potential overpayment, but it should be appealable.

I'm also confused by the amount .. that is a lot of money to only be finding out about it now.

Yes, this is something I think would require a consultation and it's also something I would insist on seeing everything that's been received from the state thus far. Document review is free with 30 minutes or more and I will review them before I call.

As for how WI handles overpayments for both fraud and non-fraud issues, I use the DOLETA chartbook on overpayments to find out.

I won't even try to explain why the part of the benefits used to pay child support will have to be paid back .. that's just common sense.

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