How to get NYS Department of Labor unemployment overpayment waiver - anyone succeeded?
Got hit with a $2,800 overpayment notice from NYS Department of Labor saying I didn't report some part-time work correctly back in 2023. The thing is, I thought I was following the rules but apparently I messed up the earnings reporting somehow. Now they want me to pay it all back plus interest. I've heard there might be a way to get an overpayment waiver but I can't find clear info on the my.ny.gov site. Has anyone actually gotten one of these waivers approved? What did you have to prove to NYS Department of Labor?
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NeonNinja
Yes, overpayment waivers are possible but they're pretty strict about the criteria. You need to show either that the overpayment wasn't your fault (like NYS Department of Labor gave you wrong info) or that paying it back would cause financial hardship. You'll need to file Form IA 735.1 and provide documentation of your current income, expenses, and assets. The key is proving you acted in good faith when reporting your earnings.
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Diego Vargas
•Thanks! Do you know where I can find that form? I've been searching the NYS Department of Labor website but keep getting lost in all the different sections.
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Anastasia Popov
I got a waiver approved last year for a $1,900 overpayment. In my case, I had called NYS Department of Labor twice asking how to report my freelance income and got two different answers from different agents. I kept records of those calls including dates and times. That documentation of conflicting guidance from NYS Department of Labor was crucial for my waiver approval.
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Diego Vargas
•That's encouraging! I wish I had documented my calls better. How long did the waiver process take once you submitted everything?
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Anastasia Popov
•It took about 3 months from when I submitted the waiver request to getting the approval letter. But I had to provide additional documentation twice during that period.
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Sean Murphy
If you're having trouble getting through to NYS Department of Labor to discuss your waiver options, I had success using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was able to get specific guidance on my overpayment situation instead of just guessing from the website info.
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Zara Khan
•Never heard of that service before. Did they charge you for helping with the call?
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Sean Murphy
•They do charge but it was worth it to actually talk to someone who could explain the waiver process properly instead of spending hours on hold.
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Luca Ferrari
UGH this happened to me too but for like $4200!! The whole system is so confusing - how are we supposed to know exactly how to report everything when even the NYS Department of Labor agents give different answers? I'm still fighting mine and honestly considering just setting up a payment plan because the waiver seems impossible to get.
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NeonNinja
•Don't give up on the waiver yet! Payment plans accrue interest but waivers eliminate the debt entirely. If you can show the overpayment happened due to unclear guidance or genuine confusion about reporting requirements, you have a shot.
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Nia Davis
The financial hardship route for waivers is actually easier than most people think. You need to show that paying back the overpayment would prevent you from meeting basic living expenses. Include bank statements, rent/mortgage payments, utility bills, and any other essential expenses. NYS Department of Labor uses specific income thresholds but they're not published publicly.
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Diego Vargas
•This is really helpful - I definitely qualify for financial hardship right now. Should I include medical bills and student loan payments as essential expenses?
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Diego Mendoza
•Yes, definitely include both medical bills and student loan payments! Those are considered essential expenses for hardship determinations. Also include any childcare costs, car payments (if you need it for work), and prescription medications. The more documentation you can provide showing your monthly obligations exceed your income, the stronger your hardship case will be.
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Nia Jackson
I went through this exact same situation last year with a $3,100 overpayment. What really helped my case was gathering every piece of documentation I could find - screenshots of the online reporting system from when I filed, printouts of the guidance pages I followed, even my browser history showing I was trying to do it correctly. NYS Department of Labor approved my waiver based on "agency error" because their online system had confusing instructions about part-time work reporting. The key is showing you made a good faith effort to comply. Also, don't wait too long to file - there are deadlines for waiver requests that aren't always clearly stated.
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Sadie Benitez
•This is such valuable advice about documenting everything! I wish I had thought to take screenshots when I was doing my reporting. Do you remember roughly how long after your overpayment notice you had to submit the waiver request? I'm worried I might have missed some deadline already since I got my notice a few weeks ago.
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