NYS Department of Labor asking for repayment of unemployment benefits - do you have to pay back unemployment during covid-19?
I just received a notice from NYS Department of Labor saying I owe back $4,200 in unemployment benefits that I received in 2021. The letter mentions something about eligibility issues but I'm confused because I thought the pandemic rules were different back then. I was laid off from my restaurant job and definitely qualified for benefits. Do you have to pay back unemployment during covid-19 if there were special circumstances? I'm really stressed about this because I don't have that kind of money just sitting around. Has anyone else gotten these notices recently?
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Adrian Hughes
Unfortunately yes, you can be required to pay back unemployment benefits even from the pandemic period if NYS Department of Labor determines you weren't eligible. The pandemic didn't change the basic eligibility requirements, though some programs like PUA had different rules. You should definitely appeal this overpayment notice within 30 days. You'll need to gather all your employment records, benefit payment history, and any documentation showing why you were eligible.
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Lara Woods
•Thank you! I still have all my termination paperwork from the restaurant. Should I include that in my appeal? The notice doesn't really explain what the eligibility issue is supposed to be.
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Molly Chambers
same thing happened to my neighbor last year, she owed like $3000 from 2020 benefits. turned out there was some mix up with her work history or something. she appealed it and won but it took months to resolve
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Lara Woods
•That gives me hope! Did she have to hire a lawyer or was she able to handle the appeal herself?
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Molly Chambers
•she did it herself but said it was really stressful dealing with all the paperwork and phone calls
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Ian Armstrong
I had trouble reaching NYS Department of Labor about my overpayment appeal last year. Their phone lines are always busy and the online system doesn't let you upload documents easily. I ended up using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was worth it just to talk to someone who could explain what was going on with my case.
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Lara Woods
•How long did it take you to get through with their help? I've been trying to call for three days straight with no luck.
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Ian Armstrong
•It took about 45 minutes total but I actually got to speak with a real NYS Department of Labor representative who could access my account and explain the overpayment in detail.
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Eli Butler
WAIT this is happening to so many people right now!! The NYS Department of Labor is going back through ALL the pandemic claims and finding reasons to demand money back. It's like they're trying to recoup their losses or something. My friend works at H&R Block and she says they're seeing tons of these overpayment notices this year. The system is totally broken!
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Marcus Patterson
•That's so frustrating! I wish they would focus on helping people instead of trying to take money back years later.
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Lydia Bailey
Don't panic yet! Many of these overpayment determinations get overturned on appeal. The key is to respond quickly and provide thorough documentation. Make sure you understand exactly what they're claiming - was it an issue with your separation reason, earnings reporting, or availability for work? Each type of issue requires different evidence to dispute.
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Lara Woods
•The notice just says 'eligibility determination' but doesn't specify. How do I find out the exact reason so I know what documentation to gather?
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Lydia Bailey
•You'll need to call or access your online account to get the detailed determination. Sometimes the initial notice is vague but there should be more specific information available through your NYS Department of Labor portal.
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