How to win unemployment overpayment appeal - NYS Department of Labor demanding $4,800 back
Got hit with a massive overpayment notice from NYS Department of Labor saying I owe back $4,800 from benefits I received last year. They claim I didn't report some part-time work correctly but I'm pretty sure I did everything right on my weekly claims. The notice gives me 30 days to appeal but doesn't explain what evidence I need or how to win unemployment overpayment appeal cases. Has anyone successfully fought one of these? What documentation did you submit and what was your strategy?
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Elliott luviBorBatman
You absolutely can win these appeals if you have the right documentation. First, gather every single weekly claim certification you filed during that period - the NYS Department of Labor system should have records. Also collect pay stubs, work schedules, and any correspondence you had with NYS Department of Labor about reporting requirements. The key is proving you followed their instructions exactly as given when filing your weekly claims.
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Rosie Harper
•Thank you! I saved most of my pay stubs but I'm worried about the weekly claim records. Can I get copies of those from my online account or do I need to request them separately?
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Demi Hall
I won my overpayment appeal last year by proving the NYS Department of Labor gave me conflicting information about how to report my earnings. Document EVERYTHING - even phone calls if you made any. The hearing officer needs to see that you acted in good faith based on the information available to you at the time.
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Mateusius Townsend
•How long did your appeal process take? I'm dealing with something similar and wondering about the timeline.
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Demi Hall
•Mine took about 3 months from filing the appeal to getting the decision. The actual hearing was only about 20 minutes over the phone.
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Kara Yoshida
ugh this is exactly what I'm afraid of happening to me!! I've been so confused about how to report my gig work on the weekly claims. did you have a lawyer or represent yourself?
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Rosie Harper
•I'm planning to represent myself since the amount isn't huge, but I'm definitely nervous about it. The appeal form seems pretty straightforward at least.
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Philip Cowan
If you're having trouble getting through to NYS Department of Labor to get your records or clarify the overpayment calculation, I had good luck using Claimyr (claimyr.com) to actually reach a real person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected when I needed to resolve an adjudication issue.
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Rosie Harper
•Interesting, I hadn't heard of that service. Getting through to someone at NYS Department of Labor has been impossible lately.
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Caesar Grant
•Same here, I've been trying to call for weeks about my claim status with no luck. Might check this out.
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Lena Schultz
The whole system is designed to intimidate people into just paying up without fighting. I bet half these overpayment notices are wrong but people don't know they can appeal or they're too scared to try.
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Elliott luviBorBatman
•You're not wrong - a lot of people do give up without appealing. But if you have documentation showing you reported correctly, the appeals process actually works pretty well.
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Mateusius Townsend
Make sure you request the hearing be conducted in writing if you're not comfortable speaking. You have that right and sometimes it's easier to present your case clearly in a written statement with all your evidence attached.
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Liam Fitzgerald
I went through this exact situation about 6 months ago and won my appeal! The most important thing is to create a timeline showing exactly what you reported each week versus what you actually earned. I made a spreadsheet with columns for: week ending date, gross earnings, hours worked, what I reported on my weekly claim, and any notes about why I reported it that way. The hearing officer could see that I was consistently following the same reporting method based on how I understood the instructions. Also, if you ever called the NYS Department of Labor helpline for guidance on how to report earnings, mention that in your appeal - it shows you were trying to do the right thing. Good luck, don't let them intimidate you into paying if you genuinely reported everything correctly!
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