


Ask the community...
Just wanted to add that if you do end up having to pay back the overpayment, you can potentially claim it as a deduction on next year's tax return under the claim of right doctrine. Not tax advice obviously but worth asking a tax professional about.
I went through this exact same thing last year and it's incredibly frustrating. The key thing to understand is that NYS Department of Labor overpayments are usually based on either unreported income, work search requirements not being met, or employer wage reports that contradict what you certified. The taxes you paid don't factor into whether you were eligible - they're completely separate processes. My advice: 1) Request a detailed breakdown of exactly which weeks they're claiming as overpaid and why, 2) Gather all your documentation from that period (work search logs, income reports, etc.), and 3) Appeal within the 30-day window even if you're not sure - you can always withdraw the appeal later but you can't file one after the deadline. Don't let them just take your word for it that you owe the money without proving exactly how they calculated it.
If you do owe the money legitimately, NYS Department of Labor offers payment plans. Don't ignore the notice - that will only make things worse. Even if you appeal, you should still contact them about payment options in case the appeal doesn't go your way. They're usually willing to work with people who communicate proactively.
I went through this exact situation last year. The key is to act quickly - you typically have 10 days from the date on the notice to request a hearing if you want to appeal. Make sure to keep copies of everything and gather any documentation that supports your case (job search records, work schedules, etc.). Even if you're not sure about appealing, it's worth requesting the hearing to buy yourself time to review everything properly. The worst thing you can do is ignore it completely.
This is really helpful advice, thank you! I'm definitely not going to ignore it. Just to clarify - is it 10 days or 30 days to appeal? I saw someone else mention 30 days above but you're saying 10 days. I want to make sure I don't miss any deadlines here. The notice is dated from about a week ago so I need to know exactly how much time I have left.
I'm going through the exact same thing right now! My claim was fine for 8 weeks and then suddenly went on hold last Tuesday. I've been calling the NYS Department of Labor number every day but can never get through - it just hangs up on me after being on hold for hours. The worst part is not knowing what triggered the review or how long it will take. I've been keeping detailed records of all my job search activities and haven't changed anything about my situation. Really hoping this gets resolved soon because like you said, bills don't stop coming just because the state decides to investigate your claim for mysterious reasons.
I feel your frustration! The same thing just happened to me - 6 weeks of no issues and then boom, on hold with zero explanation. It's so stressful not knowing what you did "wrong" or how long you'll be waiting. Have you tried filing your weekly claim even though it's on hold? Someone mentioned above that you should keep filing to avoid losing those weeks if it gets resolved. I'm going to try calling first thing Monday morning when they open - maybe there's less phone traffic then? This whole system makes an already difficult situation so much worse.
This is so frustrating and unfortunately pretty common with NYS Department of Labor. When claims go on hold suddenly like this, it's often triggered by something in your weekly certification that their system flagged for review - could be as simple as a different answer to the availability question or reporting different job search activities. The system is very sensitive to any changes. Since you mentioned the only difference was saying you were available on a day you usually aren't, that might be what triggered it. Keep filing your weekly claims even while on hold - this is crucial because if you stop filing and the hold gets resolved, you could lose those weeks of benefits. Try calling right when they open at 8am on Monday - you'll have better luck getting through early morning. Also document everything and keep records of your job search activities in case they ask for verification. The review process typically takes 2-4 weeks but can be longer. I know it's stressful with rent due, but most holds do get resolved if you haven't actually done anything wrong.
Labor Day always messes up my budget planning too!! Why can't they just process payments in advance when they know there's gonna be a holiday? Other places manage to do direct deposit early before holidays. The NYS Department of Labor system is so behind the times.
I've been dealing with NYS unemployment for over a year now and holiday delays are just part of the routine unfortunately. Labor Day, Memorial Day, July 4th - they all push payments back one business day. The system is pretty consistent about it though, so at least you can count on Wednesday if Tuesday is your normal day. Pro tip: I always mark holiday weeks on my calendar now so I don't panic when the deposit doesn't show up on the usual day. It's frustrating but predictable once you get used to the pattern.
That's really smart advice about marking the calendar! I'm new to this whole unemployment thing and didn't even think about how holidays would affect payments. Definitely going to start tracking all the federal holidays now so I don't stress out wondering where my money is. Thanks for sharing that tip!
Jamal Brown
Whatever you do, don't just ignore it. Even if you think it's wrong, you have to respond within the timeframe or you lose your right to appeal. I learned this the hard way with a different issue.
0 coins
Ryan Andre
I went through this exact situation last year with a $3,200 overpayment notice. The key thing is to immediately request all the documentation they used to make their determination - you have a right to see exactly why they think you weren't eligible. In my case, they had incorrect information about my work history that my previous employer never corrected with them. I appealed, provided payroll records and W-2s, and got the whole thing dismissed. The appeal process is intimidating but it's your best shot. Also, if you do end up owing something, they usually offer payment plans rather than demanding a lump sum. Don't panic - just act quickly within that 30-day window.
0 coins