Do you have to pay unemployment back - NYS Department of Labor overpayment confusion
I'm really confused about something and hoping someone can clarify. My friend told me that sometimes you have to pay unemployment benefits back to NYS Department of Labor but I thought once you get approved that money is yours? I've been collecting for about 8 weeks now and everything seems fine with my weekly claims, but now I'm worried there's something I don't understand. Do you have to pay unemployment back in certain situations? What would cause NYS Department of Labor to ask for money back?
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Freya Thomsen
Yes, there are situations where you might have to repay unemployment benefits to NYS Department of Labor. The most common reasons are: 1) You were overpaid due to an error in your weekly claim amount 2) You didn't report work or earnings properly on your weekly claims 3) Your claim gets disqualified after an adjudication and you already received payments 4) You received benefits while not meeting job search requirements. If NYS Department of Labor determines you weren't eligible for some or all benefits, they'll send an overpayment notice.
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NebulaNomad
•That's scary. How would I know if I made a mistake on my weekly claims? I've been trying to be really careful but some of the questions are confusing.
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Omar Fawaz
this happened to me last year. got a letter saying i owed back $2800 because i reported my part time work wrong on the weekly claims. apparently when you work part time you still report ALL your earnings even if youre under the limit. i had no idea and thought i only reported if i went over
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Chloe Martin
•Wait, you have to report earnings even if you're under the limit? I've been working a few hours here and there and not reporting it because I thought it was okay as long as I stayed under the weekly benefit amount.
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Freya Thomsen
•You must report ALL work and earnings on your weekly claim, regardless of the amount. NYS Department of Labor has specific calculations for how part-time work affects your benefits, but hiding any work can result in overpayment notices and potential fraud charges.
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Diego Rojas
The whole system is designed to trap people! They make the weekly claim questions so confusing then penalize you when you mess up. I got hit with an overpayment notice for $1,200 because I supposedly didn't do enough job searches one week but their system never clearly explained what counted as a valid search.
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Anastasia Sokolov
•I had trouble reaching NYS Department of Labor about my overpayment appeal until I used Claimyr. It's a service that helps you get through to actual agents - you can check it out at claimyr.com. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to call for weeks.
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StarSeeker
Also worth noting that if you do get an overpayment notice, you can appeal it if you think it's wrong. NYS Department of Labor has to prove you weren't eligible for the benefits. Sometimes their calculations are wrong or they don't have all the information about your situation.
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NebulaNomad
•How long do you have to appeal an overpayment notice? And do you still have to pay while the appeal is pending?
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StarSeeker
•You have 30 days from the date on the notice to file your appeal. Collection is usually suspended while your appeal is being reviewed, but you should confirm that with NYS Department of Labor when you file.
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Arnav Bengali
Just went through this myself - got an overpayment notice for $3,400 last month. The key thing to understand is that NYS Department of Labor can request repayment even years later if they discover an error or if your situation changes. In my case, it was because I had reported my severance pay incorrectly when I first applied. The scariest part is they can take it from future tax refunds or garnish wages if you don't pay. My advice: keep detailed records of everything you report on your weekly claims and save all your documentation. If you're unsure about anything, it's better to call and ask than to guess wrong.
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Paolo Esposito
•$3,400 is a huge amount to suddenly owe back! That's really stressful. When you say they can take it from tax refunds or garnish wages, is there any way to set up a payment plan instead? I'm worried because if I did make a mistake somewhere, there's no way I could pay back thousands all at once.
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