Do you have to repay unemployment benefits if NYS Department of Labor says you owe money?
I just got a letter from NYS Department of Labor saying I might owe back some unemployment money from 2023. I'm really confused because I thought I did everything right when I was filing my weekly claims. The letter mentions something about 'overpayment determination' but doesn't really explain what I supposedly did wrong. Has anyone else gotten one of these letters? Do I actually have to pay this back or can I fight it? I'm scared because it's asking for like $2,800 and I definitely don't have that kind of money right now.
12 comments
Join the conversation
Christian Bierman
Yes, unfortunately you can be required to repay unemployment benefits if NYS Department of Labor determines you received an overpayment. This usually happens when they find you weren't eligible for some of the weeks you claimed, or if you didn't report income correctly. The good news is you have appeal rights - check the letter for deadlines, usually 30 days from the notice date.
0 coins
Makayla Shoemaker
•Thank you! The letter does mention an appeal deadline but I'm not sure I understand what evidence I need to gather. Do you know what kind of documentation helps with these appeals?
0 coins
Emma Olsen
same thing happened to my sister last year, they wanted like 3 grand back. she appealed it and ended up only owing about $800. definitely worth fighting if you think you followed all the rules
0 coins
Makayla Shoemaker
•That's encouraging to hear! Did she have to get a lawyer or was she able to handle the appeal herself?
0 coins
Emma Olsen
•she did it herself, just gathered all her old pay stubs and work records. took forever but saved her a lot of money
0 coins
Lucas Lindsey
For the appeal, you'll want to collect: all pay stubs from the period in question, your NYS Department of Labor correspondence, records of any work you reported, and documentation of your job search activities. The most common overpayment causes are unreported work earnings or being unavailable for work without properly reporting it. Review your weekly claim certifications to see if there might have been an error.
0 coins
Makayla Shoemaker
•This is really helpful - I think I might have made a mistake reporting some part-time work I did. Is there a way to check my old weekly claims online?
0 coins
Sophie Duck
If you're having trouble reaching NYS Department of Labor to discuss this, I had luck using a service called Claimyr (claimyr.com) that helped me get through to an actual agent when I had an overpayment issue. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was way easier than spending hours on hold trying to get through myself.
0 coins
Makayla Shoemaker
•Thanks, I'll check that out. I've been trying to call for days and keep getting disconnected or told to call back later.
0 coins
Austin Leonard
The NYS Department of Labor overpayment system is SO frustrating! They make it seem like you're automatically guilty and have to prove your innocence. I fought mine for months and they STILL took money out of my tax refund even though I thought I was following their appeal process correctly. Make sure you file that appeal paperwork exactly right!
0 coins
Anita George
•ugh that sounds awful, sorry you went through that mess
0 coins
Esmeralda Gómez
I went through something similar last year. The key is to act fast on that appeal deadline - don't wait! When I got my overpayment notice, I immediately requested all my records from NYS DOL through their online portal. You can log into your NY.gov account and access your claim history, which will show exactly what you reported each week. Compare that against your actual work records to see where the discrepancy might be. Also, if you can't afford to pay the full amount even if you lose the appeal, they do offer payment plans. Don't panic - you have options!
0 coins