NY unemployment overpayment from last year - will they deduct from my new active claim?

Yes, in most cases they'll keep your claim active but will reduce your weekly benefits to recoup the overpayment. I went through this in 2024. NYSDOL typically takes about 20-25% of your weekly benefit amount until the overpayment is satisfied. They'll send you an official determination letter with the exact amount and a breakdown of which weeks were overpaid. You'll have the option to appeal within 30 days if you believe the determination is incorrect.

They will take a percentage out of each payment but your claim stays active. Make sure to respond to their determination letter quickly whether you agree or disagree! If you don't respond, they might increase the percentage they take out. Also, if you can prove it was their error and not yours, you might qualify for a waiver, but that's pretty rare.

The same thing happened to me last year and they took 50% of my benefits each week until it was repaid! It was a nightmare because I couldn't pay my rent. I think it depends on how much you owe and how long your current claim will last. Good luck!!

THEY ALWAYS DO THIS!! They wait until you're on a new claim and then suddenly "discover" you owe money from before. It's a TRAP to make sure they can get their money back easily by garnishing your new benefits!!! They did this to me and took 30% for MONTHS even though I provided proof I was eligible for those weeks. The appeal process is useless!!!

I had major issues getting through to someone at NYSDOL when I had an overpayment situation earlier this year. After trying for days, I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes. They have a video demo at https://youtu.be/Rdqa1gKtxuE that shows how it works. The agent I spoke with was able to reduce my recoupment rate from 30% to 15% because of financial hardship, which made a huge difference. Definitely worth trying to speak with someone directly about your situation instead of just accepting whatever they decide.

they did this to me. took money every week but claim stayed active. better than nothing i guess

You should make sure you keep really detailed records of when you started working and when you got paid. My brother had this happen and he showed them his first day of work was different than when they claimed and they reduced the overpayment amount. Also make sure you're super careful about certifying correctly on your current claim so you don't end up with another overpayment!!

I'm dealing with the exact same thing right now!!! They said I have an overpayment from 2024 but my current claim from January 2025 is still active. They're taking 25% from each payment which sucks but at least I'm still getting something. Hoping they finish taking it back soon because I'm barely making ends meet with the reduced amount.

One important thing to know is that under NY unemployment regulations, you have to report any work activity during the week you perform it, even if you haven't been paid yet. This is a common misunderstanding. For future reference, you should report any work starting the week you first perform any work, not when you receive your first paycheck. This helps avoid these kinds of overpayment issues in the future.

Just wondering, did they say exactly how much the overpayment might be? That could make a big difference in how long they'll be taking money out of your current benefits.

If they determine it's an overpayment, make sure to request a financial hardship reduction in the recoupment rate if you need it. You'll need to provide documentation showing your expenses and income, but they can reduce the percentage they take out each week if repaying at the standard rate would cause severe financial hardship. This request needs to be made promptly after receiving the determination notice.