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Harper Hill

How to write an appeal letter for unemployment overpayment - NYS Department of Labor demanding $2,100 back

Got hit with an overpayment notice from NYS Department of Labor last week saying I owe back $2,100 from benefits I received in early 2024. They're claiming I didn't report some part-time work I did, but I'm 100% sure I reported everything correctly on my weekly claims. I have all my pay stubs and I remember being super careful about entering my hours each week. Has anyone successfully written an appeal letter for this kind of overpayment? What exactly should I include to prove I reported everything? I'm freaking out because I definitely can't afford to pay this back right now.

Caden Nguyen

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You absolutely can appeal this overpayment determination! The key is being thorough with your documentation. You'll need to gather: 1) All pay stubs from the period in question, 2) Screenshots or printouts of your weekly claim certifications showing the hours you reported, 3) Any correspondence from NYS Department of Labor about your claim, and 4) Your work schedule or timesheet records if you have them. In your appeal letter, clearly state that you disagree with the overpayment and explain that you reported all earnings accurately. Reference specific dates and amounts to show you were compliant with reporting requirements.

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Harper Hill

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Thank you! I do have most of those documents. Should I mention in the letter that I was really careful about reporting because I knew the consequences? Also, how formal does the letter need to be?

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Avery Flores

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Make sure you submit your appeal within 30 days of the overpayment notice date - this deadline is strict! I went through something similar last year. In your letter, be specific about WHY the overpayment determination is wrong. Don't just say 'I reported everything' - show them exactly what you reported and when. Include a timeline that matches your pay stubs to your weekly certifications. Also request a hearing if you want to present your case in person.

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Harper Hill

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Good point about the 30 day deadline. I'm at day 8 so I still have time. Did you end up getting your overpayment reversed?

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Avery Flores

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Yes, it took about 6 weeks but they reversed the whole thing once I showed my documentation was correct. The key was proving the NYS Department of Labor made an error in their calculation, not me.

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Zoe Gonzalez

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I had the worst time trying to get through to NYS Department of Labor to discuss my overpayment before filing my appeal. Spent literally hours on hold and kept getting disconnected. Finally found this service called Claimyr that helped me actually reach an agent to understand what went wrong with my claim calculation. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Turned out there was a system error that caused my overpayment notice. Worth checking out claimyr.com if you're having trouble getting through to clarify what they think you did wrong.

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Harper Hill

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Interesting, I hadn't heard of that service. Did it cost a lot? I'm already stressed about money with this overpayment hanging over me.

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Zoe Gonzalez

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It was worth it for me because I was able to get clarification before wasting time on a complicated appeal. Sometimes these overpayment notices are based on simple misunderstandings that can be cleared up with one phone call.

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Ashley Adams

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ugh same thing happened to my neighbor last month, NYS Department of Labor is just going after everyone now trying to claw back money. she said her appeal letter was like 3 pages long and included copies of everything. took forever but they eventually dropped it

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Harper Hill

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That's somewhat reassuring to hear they do reverse these sometimes. I was worried they just automatically deny appeals.

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Make sure you organize your evidence chronologically! I made the mistake of just throwing all my documents together and it made my case confusing. Create a simple chart showing: Date of work, Hours worked, Amount earned, Date you certified, Hours you reported. This visual comparison will make it obvious if there are any discrepancies (and hopefully prove there aren't any). Also keep copies of EVERYTHING you submit - the appeal process can take months.

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Aaron Lee

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Wait, are you sure you reported your gross earnings and not your net pay? That's a common mistake that leads to overpayments. NYS Department of Labor wants to know your total earnings before taxes, not what you actually took home. Double check your weekly certifications against your pay stubs to make sure you used the right numbers.

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Harper Hill

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Oh wow, I never thought about that! Let me go back and check. I think I did report gross but now I'm second-guessing myself. If I made that mistake, can I still appeal or should I just pay it back?

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Caden Nguyen

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Even if you made an honest mistake like that, you can still appeal and explain what happened. Sometimes they'll reduce the overpayment or set up a payment plan instead of demanding everything at once.

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