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Amy Fleming

Do u have to pay unemployment back - NYS Department of Labor overpayment question

Got a letter from NYS Department of Labor saying I owe them money back from my unemployment last year. They're claiming I was overpaid $2,100 and want me to pay it all back. I thought unemployment was something you earned, not a loan? Do u have to pay unemployment back normally or is this just because they made some kind of mistake? I'm really confused about this whole thing and don't understand why they would give me money then ask for it back months later.

Alice Pierce

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You only have to pay unemployment back if there was an overpayment due to fraud, unreported income, or administrative error. Most overpayments happen when people don't report work earnings correctly or receive benefits they weren't eligible for. The NYS Department of Labor has the right to recoup overpayments, but you can appeal if you believe it's incorrect. You'll need to review your payment history and work records to understand why they think you were overpaid.

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Amy Fleming

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I definitely reported all my part time work when I was collecting. This has to be their mistake not mine. How do I prove that to them?

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Esteban Tate

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same thing happened to my brother last year, turned out they miscalculated his weekly benefit amount and he'd been getting like $50 too much each week for months

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Amy Fleming

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Did he have to pay it all back at once? $2,100 is a lot of money I don't have right now

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Esteban Tate

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no they let him set up a payment plan, think it was like $75 a month or something

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You need to request your complete payment history from NYS Department of Labor and compare it with your job search logs and earnings records. If you can prove you reported everything correctly, you can file an appeal within 30 days of the overpayment notice. The appeal process allows you to present documentation showing you followed all requirements. Don't ignore this - they can intercept future tax refunds or garnish wages if you don't respond.

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Amy Fleming

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How do I get my payment history? Is that something I can access online through my.ny.gov?

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Yes, log into your my.ny.gov account and look for payment history under your unemployment claim. You can also call NYS Department of Labor but good luck getting through.

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Elin Robinson

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If you're having trouble reaching NYS Department of Labor by phone to discuss this overpayment, I used a service called Claimyr that helped me get through to an agent when I had an adjudication issue last year. They have a system that handles the wait times and connects you when an agent is available. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call myself.

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Is that legit? Sounds too good to be true honestly

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Elin Robinson

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Yeah it's real, I was skeptical too but I was desperate to talk to someone about my claim being stuck. Worked exactly like they said it would.

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Beth Ford

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The whole unemployment system is a joke anyway they give you money then want it back like its some kind of SCAM. I had to pay back $800 because supposedly I didnt do enough job searches even though I was looking every day!!

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That's frustrating but the job search requirements are pretty clear - you need to keep detailed logs

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Just went through this exact situation. The key is to gather all your documentation before you appeal. I had to pay back $1,400 but it turned out I actually did make a mistake with reporting some freelance work. If you truly reported everything correctly, you should be able to get the overpayment reversed. NYS Department of Labor makes mistakes too, but you need proof to challenge it.

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