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.
14 comments


Zainab Mahmoud
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.
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Carlos Mendoza
•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?
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Ava Williams
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.
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Raj Gupta
•What kind of payment plan did they offer? I'm dealing with something similar and wondering what my options are.
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Lena Müller
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??
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TechNinja
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.
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Carlos Mendoza
•How much does that cost? I'm already stressed about money because of this overpayment thing.
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TechNinja
•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.
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Keisha Thompson
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.
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Harper Thompson
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.
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Dmitri Volkov
•This is really helpful advice! I didn't know I could file both at the same time. I'm going to check my online account right now to pull up those weekly certification records. It's reassuring to know that reporting the work but getting hours wrong shows good faith - I was worried they'd treat any mistake the same as fraud. Did you have to provide any specific documentation beyond the weekly certifications when you filed your waiver request?
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Zoe Stavros
Carlos, I went through almost the exact same situation last year - $2,650 overpayment for underreporting part-time hours during a 4-week period. Like you, I had reported the work but miscalculated the hours on a couple weeks. Here's what worked for me: I immediately filed both an appeal AND a waiver request (as Harper mentioned, they're separate processes). For the appeal, I gathered my pay stubs, bank deposits, and screenshots of my weekly certifications showing I DID report income every week. For the waiver, I focused on proving it was an honest mistake - I wrote a detailed letter explaining how I calculated hours (I was mixing up gross vs net hours worked) and provided evidence of my good faith efforts. The key thing that helped was showing a pattern of consistent reporting with just computational errors, not hiding income. It took 3 months, but they reduced it to $650 and let me do a 12-month payment plan at $54/month. Don't panic - the fact that you reported the work puts you in a much better position than people who didn't report at all.
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Sebastian Scott
•This gives me so much hope! I've been losing sleep over this thinking my life was ruined. The fact that you got it reduced from $2,650 to $650 just by showing it was an honest mistake is incredible. I'm definitely going to follow your approach - filing both the appeal and waiver, and focusing on that pattern of consistent reporting with just calculation errors. Quick question: when you wrote your detailed letter for the waiver, did you submit it online or mail it in? I want to make sure I'm following the right process and not missing any deadlines.
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Oliver Schulz
•@Zoe Stavros This is exactly what I needed to hear! Your situation sounds almost identical to mine. I m'definitely going to follow your strategy with both the appeal and waiver. One quick question - when you mentioned mixing up gross vs net hours, do you mean you were reporting the total hours on your timesheet instead of just the hours that counted toward your weekly benefit amount? I think that might be exactly what I did wrong. Also, did NYS DOL give you any pushback on the payment plan or were they pretty reasonable about setting that up once they reduced the amount?
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