NY unemployment appeal on overpayment was canceled for 'more facts and finding' - what happens next?

This is actually fairly common with NY unemployment appeals. What's happening is that after your friend filed the appeal, someone at NYSDOL reviewed it and decided they don't have enough information to make a determination yet. Rather than denying the appeal outright, they're essentially putting it on hold while they gather more evidence. Your friend should receive a questionnaire or interview notice within about 2 weeks. This is their "fact-finding" process. They'll ask for additional documentation about whatever triggered the overpayment determination. He should respond to this promptly and thoroughly with any supporting documents. After they complete the fact-finding, one of three things will happen: 1. They'll determine no overpayment occurred and cancel the debt 2. They'll reduce the overpayment amount 3. They'll uphold the original determination If options 2 or 3 happen, he'll have another opportunity to appeal that decision.

i had the EXACT same thing happen in january!! it took them like 5 weeks to send me the fact finding forms. make sure your friend checks his online message center EVERY DAY because thats where they sent mine and they only gave me 7 days to respond!!!

yeah they canceled mine but only after i sent them like 20 pages of evidence. bank statements, emails from my boss, everything. tell him to send way more proof than he thinks he needs

When they cancel an appeal for "fact-finding" it usually means they're reconsidering the original determination. Your friend should receive a questionnaire through his online account or by mail. It's crucial that he responds by the deadline with ALL requested documentation. During this period, your friend should also request an official "stay" on any collection actions. This isn't automatic, and without it, they may still attempt to collect the overpayment while the fact-finding is ongoing. He can request this by calling NYSDOL and specifically asking for a collection hold during the fact-finding period. Also, make sure he keeps incredibly detailed records of every communication. Write down every call (date, time, representative name/ID, what was discussed). Save screenshots of all online account notices with timestamps visible. One more thing - this fact-finding process can sometimes take 8-12 weeks, so he needs to be prepared for the long haul.

After dealing with the same issue last year, I discovered a service called Claimyr that can help you get through to an unemployment agent quickly. I was stuck in the same situation - needed to speak to someone urgently about my appeal but couldn't get past the automated system. I tried Claimyr (claimyr.com) and they actually got me connected to a live agent in about 20 minutes instead of waiting for days. They have a video demo showing how it works: https://youtu.be/Rdqa1gKtxuE Once I got through to a real person, I was able to request that stay on collections like the previous commenter mentioned, and got clarification on exactly what documents they needed for the fact-finding. Made a huge difference in getting my case resolved correctly.

wait why would they cancel an appeal just to do fact finding? that makes no sense. sounds like they're just trying to confuse ppl into giving up. classic nysdol games!!!

I'm going through something similar right now and I'm FREAKING OUT. They said I owe $4,200 and now my appeal is in this weird limbo too!! Did they tell your friend how much he supposedly owes? I'm so scared they're going to take my tax refund while this is all getting sorted out. Does anyone know if they can do that??? This whole system is IMPOSSIBLE to navigate!!!

Went thru this last yr. Basic timeline: - Got overpayment notice in March - Filed appeal right away - Got "appeal canceled for fact finding" in April - Got questionnaire 3 wks later - Responded same day with docs - Heard NOTHING for 2 months - Called every day for weeks - Finally got determination in August (reduced amount by 60%) - Filed new appeal on remaining amount - Won that appeal in October So yeah.... patience lol

They sent threatening letters but never actually took anything. I think the case being active in their system prevented automatic collections. Still stressful tho

Here's what your friend needs to do right now: 1. Print and save the message about the appeal being canceled for fact-finding 2. Check his online message center AND physical mail daily 3. Compile all evidence that might support his case (paystubs, communications with employers, certification screenshots, bank records, etc.) 4. Contact NYSDOL to request a formal collection hold during the fact-finding process 5. Ask for a written confirmation of this hold 6. When the questionnaire arrives, submit all documentation within 48 hours (even if the deadline is longer) 7. Follow up with a phone call confirming receipt 8. Document every interaction with the department The most common reason for overpayment determinations in 2025 has been income reporting discrepancies. If this is his issue, bank statements showing exactly when deposits were received can be crucial evidence.

my brother just went thru this whole mess and it turned out the employer reported his wages for the wrong quarter which is what triggered the whole overpayment thing. make sure your friend checks what quarters they're claiming he was overpaid for and compare with his actual work history

One last important thing your friend should know: if the overpayment determination is upheld after fact-finding, he can still request a waiver of the overpayment if it would cause financial hardship AND the overpayment wasn't his fault. NY unemployment has become more lenient with these waivers since the 2025 policy updates. The waiver form asks for detailed financial information to demonstrate that repayment would cause significant hardship. Success rates for these waivers increased to about 65% this year, up from around 30% in previous years. Even if the overpayment is determined to be valid, there are still options available to him.