Do you have to pay back a non fault overpayment unemployment benefits from NYS Department of Labor?
I just received a notice from NYS Department of Labor saying I have a non-fault overpayment of $2,800 from my unemployment claim last year. The letter says it was their error in calculating my benefits but I still need to pay it back? This doesn't make sense to me - if it was their mistake why am I responsible? Has anyone dealt with this before? I'm really stressed because I can't afford to pay this back right now.
13 comments
Join the conversation
Drake
Unfortunately yes, even non-fault overpayments typically need to be repaid to NYS Department of Labor. The 'non-fault' designation just means you won't face penalties or interest charges, but you're still responsible for returning the overpaid amount. You should have received information about setting up a payment plan or having future benefits offset.
0 coins
Gabriel Graham
•That's so unfair though! I reported everything correctly on my weekly claims. How is this my responsibility when they made the calculation error?
0 coins
Sarah Jones
i had the same thing happen to me but mine was only like $900. they said i could either pay it back in installments or they would take it out of any future unemployment benefits i get. still paying it off 6 months later...
0 coins
Sebastian Scott
You should definitely appeal this if you believe the overpayment determination is incorrect. Non-fault overpayments can sometimes be waived in cases of financial hardship, but you need to request a waiver specifically. Contact NYS Department of Labor to discuss your options - they have procedures for both payment plans and hardship waivers. Don't ignore this as it can affect future benefits.
0 coins
Emily Sanjay
•How do you request a hardship waiver? The notice I got didn't mention anything about that option.
0 coins
Sebastian Scott
•You need to call NYS Department of Labor directly and ask about overpayment waiver procedures. They don't always advertise this option but it exists for qualifying circumstances.
0 coins
Jordan Walker
Getting through to NYS Department of Labor by phone is nearly impossible with these overpayment issues. I spent weeks trying to reach someone about my non-fault overpayment. Finally used Claimyr.com to get connected to an actual agent who explained my repayment options. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than constantly getting busy signals.
0 coins
Natalie Adams
•Never heard of that service before but anything beats sitting on hold for hours just to get disconnected
0 coins
Elijah O'Reilly
The whole overpayment system is ridiculous!! They make mistakes left and right then expect us to clean up their mess. I'm fighting a $3,200 non-fault overpayment right now and getting nowhere. The appeal process is a joke and takes forever.
0 coins
Maya Diaz
I went through this exact situation last year with a $1,500 non-fault overpayment. What helped me was documenting everything - I gathered all my weekly claim certifications, pay stubs, and correspondence to show I reported accurately. Even though it was their error, I had to prove I wasn't at fault for any part of it. I ended up getting on a payment plan for $50/month which was manageable. The key is to contact them immediately and don't let it go to collections. Also keep all your paperwork because if you ever need unemployment again, having documentation of the overpayment resolution helps prevent future issues.
0 coins
Geoff Richards
•This is really helpful advice! I'm definitely going to start gathering all my documentation right away. Did you have to provide any specific forms or just copies of everything you submitted? Also, when you contacted them about the payment plan, did you have to wait long to get through to someone who could actually help with setting it up?
0 coins
Chloe Harris
•@Maya Diaz this is exactly what I needed to hear! I ve'been panicking about this $2,800 overpayment but your approach sounds much more manageable than trying to fight it. Did you have any trouble getting them to approve the $50/month payment plan or were they pretty reasonable about working with your financial situation? I m'worried they ll'want me to pay way more than I can afford each month.
0 coins
Connor O'Brien
•@Maya Diaz Thank you for sharing your experience! I m'dealing with a similar situation right now and your advice about documenting everything gives me hope. When you say you documented everything, did you also include any emails or correspondence you had with employers during that time period? I m'wondering if showing the complete paper trail might help demonstrate that any errors were truly on their end and not mine.
0 coins