Back to New York Unemployment

Carlos Mendoza

How to get rid of unemployment overpayment notice from NYS Department of Labor?

I got hit with a $2,800 overpayment notice from NYS Department of Labor last week and I'm freaking out. They're saying I wasn't eligible for benefits during a 6-week period in August because I didn't report some part-time work correctly. The thing is, I DID report it on my weekly claims but maybe I messed up the hours or something? Now they want me to pay it all back plus interest. Has anyone successfully gotten rid of one of these overpayment demands? I can't afford to pay this back right now and I'm scared they're going to garnish my wages or something.

You have options to fight this! First, you can request a waiver if you can prove the overpayment wasn't your fault or that paying it back would cause financial hardship. You can also appeal the overpayment determination if you believe it's incorrect. The appeal must be filed within 30 days of the notice date. Gather all your documentation - pay stubs, weekly claim confirmations, any correspondence with NYS Department of Labor. If you reported the work but made an honest mistake about hours, that's different than intentionally hiding income.

0 coins

Thank you! I definitely reported the work, I just think I might have put down the wrong number of hours one week. Do I file the appeal and waiver request at the same time?

0 coins

I went through this exact same thing last year. NYS Department of Labor sent me an overpayment notice for $3,200 because they said I didn't meet the job search requirements during a certain period. I appealed it and also requested a waiver. The key is to be very detailed in your explanation about what happened. I had to provide bank statements, work schedules, and proof that I was actively looking for work. It took about 4 months but they ended up reducing my overpayment to $800 and let me set up a payment plan.

0 coins

What kind of payment plan did they offer? I'm dealing with something similar and wondering what my options are.

0 coins

honestly the overpayment system is such BS. they make it so confusing to report part time work correctly and then penalize you when you mess up. i had a friend who got an overpayment notice 2 years after the fact! like how are you supposed to remember exactly what you reported that long ago??

0 coins

If you're having trouble getting through to NYS Department of Labor to discuss your overpayment options, I used a service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck in phone tree hell for weeks trying to get answers about my overpayment appeal status until I found them. Made the whole process way less stressful.

0 coins

How much does that cost? I'm already stressed about money because of this overpayment thing.

0 coins

It was worth it for me because I needed to speak to someone urgently about my appeal deadline. Much better than calling 50+ times and never getting through.

0 coins

Whatever you do, don't ignore it! I made that mistake and they automatically started taking money out of my tax refund. File something even if you're not sure - at least it shows you're trying to resolve it.

0 coins

I'm going through something similar right now with a $1,900 overpayment notice. From what I've learned, you should definitely file both the appeal AND the waiver request - they're separate processes that can run simultaneously. The appeal challenges whether the overpayment is correct, while the waiver asks for forgiveness even if it is correct. Make sure you have copies of all your weekly certifications showing you DID report the work. I found mine in my online account under "Payment History" - it shows exactly what you reported each week. Also document any technical issues you had with the system or confusing instructions. The fact that you reported the work but maybe got the hours wrong is actually a strong point in your favor for a waiver since it shows good faith effort to comply.

0 coins

New York Unemployment AI

Expert Assistant
Secure