NY unemployment benefits suspended due to overpayment - when will backpay arrive?

Yes, an overpayment on your record is definitely why they're holding your benefits. I had the exact same situation back in April - benefits suspended without warning. NYSDOL won't release any new payments until you either pay the overpayment in full OR set up a repayment plan. Once you do either, your backpay should be released within 3-5 business days. The problem is actually getting through to someone to set up that plan! I spent two weeks trying to reach an agent before I found this service called Claimyr that got me through to NYSDOL in about 25 minutes. They have this system that basically calls for you and alerts you when an agent is about to pick up. I was skeptical but it worked perfectly - got my repayment plan set up and my back benefits were released that same week. You can see how it works in their video demo: https://youtu.be/Rdqa1gKtxuE or just go to claimyr.com.

I work as an employment counselor, and this is a common issue we see with NY unemployment. When NYSDOL determines you have an overpayment, they place a hold on future benefits until you take action. Here's what typically happens: 1. You'll receive a determination notice explaining the overpayment amount and reason 2. You must either pay in full, request a waiver (if eligible), or establish a repayment plan 3. Once you've addressed the overpayment, they'll release your current eligible benefits Importantly, they won't automatically deduct the entire overpayment from your backpay unless you specifically request that arrangement. The standard repayment plan deducts 50% of each weekly benefit until the overpayment is satisfied. I recommend calling first thing in the morning (7:30am) when wait times are shortest to set up your plan.

same thing happend 2 me last year. they cut me off for 3 months!!! didnt tell me why at first. when i finally talked to someone they said i was overpaid from 6 months before that. like how am i supposed to know?? the system is totally rigged against us

Everyone's saying different things here but I want to clarify something important based on my experience earlier this year. The benefits hold and your backpay are two SEPARATE issues: 1. Yes, you need to address the overpayment to get future benefits started again 2. BUT your backpay for weeks you were eligible should still be processed regardless In my case, I had to file an appeal for the weeks they didn't pay me because they were technically weeks I was eligible, even though they had suspended my claim. Don't just accept that they can withhold your backpay - those are benefits you're entitled to for weeks you were eligible! Call and specifically ask about the status of payment for each week since September 5th. Make sure they check if those weeks are coded as payable or if there's another issue. Sometimes the system puts a general hold on everything.

When NYSDOL identifies an overpayment, they implement a hold on your account until the issue is resolved. This is standard procedure. To restart your benefits and receive your backpay, follow these steps: 1. Contact NYSDOL to confirm the exact overpayment amount and cause 2. Request a repayment plan (typically 25-50% of weekly benefits) 3. Complete form TC-85.4 to formalize the repayment arrangement 4. Request immediate release of backpay once plan is established After you complete these steps, your backpay should process within 7-10 business days. Your regular weekly benefits will resume with the deduction amount applied toward your overpayment balance. I recommend documenting everything and requesting confirmation numbers for all arrangements made by phone.

They don't tell u nothing!! They just stop ur money and expect u to figure it out!!! I had to call like 60 times before I got thru to anyone. The whole system is broken!!

Just wanted to follow up - did you get this resolved? If you're still having trouble getting through on the phone, seriously try that Claimyr service I mentioned. Best money I ever spent after wasting days trying to get through the regular way.

My sister had this happen and they took her entire backpay to cover the overpayment, so be careful! Make sure you specifically tell them you CANNOT afford to have the entire amount taken at once. They'll try to get as much as possible upfront.

To address your question about negotiating a lower repayment percentage: Yes, this is possible in cases of financial hardship. When you speak with an agent, explicitly state that you're experiencing financial hardship and cannot afford the standard 50% deduction. Be prepared to explain your situation briefly. NYSDOL can reduce the percentage to as low as 20% in documented hardship cases. Having your current essential expenses calculated before the call will help make your case. Emphasize necessities like housing, utilities, and food costs. Regarding Form TC-85.4, this is typically provided by the agent during your call and can sometimes be completed verbally. Always request written confirmation of any repayment plan terms.

One crucial thing no one has mentioned: Make sure you continue to certify every week while this is being resolved! Many people stop certifying when their benefits are suspended, but this creates a whole new problem. Even though you're not receiving payments, you need to maintain your claim by certifying weekly.