Received NY unemployment overpayment notice but never collected - what are my options?
I just got hit with a notice saying I owe $480 in unemployment overpayment, but here's the crazy part - I haven't even collected unemployment in 2025! How can I owe money for benefits I never received?? I've been unemployed for almost 3 years now and struggling to find stable work. There's absolutely no way I can pay this back when I can barely cover rent. Has anyone else dealt with this kind of mistake? The letter mentions something about an 'administrative determination' but doesn't explain WHY they think I collected benefits. I'm freaking out because I don't have the money or the energy to fight this system right now. 😢
28 comments
Salim Nasir
This is almost certainly an identity theft situation. Someone may have filed for benefits using your personal information. You need to immediately: 1. Contact NYSDOL's fraud department at 888-598-2077 (though good luck getting through) 2. File a police report for identity theft 3. Check your credit reports for other suspicious activity 4. Request a hearing to contest the overpayment - you only have 30 days from the notice date 5. Gather any documentation showing you were employed or otherwise not collecting benefits during the period they claim Don't ignore this - it will NOT go away on its own and can affect future benefits, tax refunds, and even your credit.
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Quinn Herbert
•Omg this is terrifying. You really think someone stole my identity?? I've been trying that number all morning but it just disconnects me after 20 minutes on hold. How am I supposed to prove I DIDN'T collect something??
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Hazel Garcia
I had this EXACT same problem last month!! It was a complete nightmare. Turns out someone had used my info to claim benefits while I was actually working part-time. The DOL phone lines are IMPOSSIBLE - I spent 4 days trying before I found a service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes. They have a demo video too: https://youtu.be/Rdqa1gKtxuE The agent was able to flag my case as potential identity theft and pause any collection actions while they investigated. Seriously saved me so much stress because they were about to start garnishing my tax refund!
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Laila Fury
•did that service actually work? seems sketchy that u have to pay just to talk to unemployment lol
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Hazel Garcia
•Yeah, I was skeptical too, but after 4 days of trying to call myself, I was desperate. It worked exactly like they said it would. The unemployment agent told me they're familiar with the service and lots of people use it now because the phone lines are so backed up.
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Geoff Richards
this happened to my cousin. dol sent him a bill for $2000!!! he never even filed for unemployment. the whole system is broken and they dont care about regular people
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Simon White
The notice should have a section that specifies exactly which weeks they believe you collected benefits. Check those dates carefully. Also look for a 'Reason for Determination' code - that can tell you if this is due to: - Alleged unreported wages - Multiple claims filed under your SSN - System error/duplicate payment - Benefits paid to incorrect account You MUST request a hearing within 30 days by using the online portal or sending a written request to the address on the notice. Include your full name, last 4 of SSN, and clearly state you never received these benefits and suspect identity theft.
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Quinn Herbert
•Let me check... it says weeks ending 3/12/2025 through 4/02/2025, and something about 'failure to report earnings' with code OP-524. But I wasn't even getting benefits during those weeks! Should I just write a letter explaining that?
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Simon White
•No, don't just write a letter. You need to formally request a hearing using form TC-401.1 (available on the NYSDOL website). The code OP-524 confirms they think you were collecting benefits while working. You'll need to prove either that you weren't collecting benefits during those weeks OR that you weren't working during those weeks. Gather pay stubs, bank statements, or employment verification for that period.
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Laila Fury
cant they just check there own records and see u never got the money? seems like they should prove u got it not u prove u didnt lol
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Hugo Kass
•You'd think that would be the case, but the burden of proof is on the claimant in these situations. The DOL's position is that their records show benefits were paid out. What likely happened is someone else collected those benefits using the OP's information, and now the OP has to prove it wasn't them. It's completely backwards and unfair, but that's how the system works unfortunately.
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Nasira Ibanez
I'm going through this right now too. Just to add to what others have said - make sure you check if money was actually deposited somewhere. In my case, some fraudster had set up direct deposit to their account. The DOL actually helped me track that the money went to a bank account I've never had. Made the identity theft case pretty clear. Also DO NOT WAIT to address this. If you don't contest within 30 days, they automatically assume you agree with the assessment. Then they can start garnishing any future wages, tax refunds, and even other government benefits.
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Quinn Herbert
•Thank you for this advice! The notice doesn't show any bank info, just says payments were issued. How did you get them to tell you where the money went? The thought of someone using my identity is making me sick to my stomach.
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Hugo Kass
When you finally reach the DOL, ask them to pull up the IP addresses used to file and certify for those benefits. If they were filed from another state or from IPs you've never used, that strengthens your identity theft case significantly. Also request information about the bank account where funds were deposited. In the meantime, place a fraud alert on your credit reports with all three bureaus and consider freezing your credit. If someone has your personal information enough to file for unemployment, they may try to open other accounts in your name as well.
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Quinn Herbert
•I hadn't even thought about them using my info for other things. This is a nightmare. I'm going to freeze my credit right away. Do you know if there's a way to check if other benefits have been claimed in my name?
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Hugo Kass
•Yes, you should request a Benefits Payment History report from NYSDOL that shows all benefits paid under your SSN. Also check with other agencies: request your earnings record from Social Security Administration and transcript from the IRS to see if there's any income reported that you don't recognize.
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Geoff Richards
anyone else notice how this stuff always happens when ur already down? like kick people when they cant fight back smh
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Laila Fury
•for real! my friend got hit with this when she was literally in the hospital. system is rigged against regular people
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Salim Nasir
UPDATE FOR EVERYONE: The NYSDOL has a specific identity theft unit that handles these cases. Their direct number is 888-783-1370. You'll still have trouble getting through, but if you call right when they open at 8:00 AM, you might have better luck. Ask them specifically for an "Identity Theft Affidavit Form" (Form TC-403ID). This expedites the process of clearing fraudulent claims from your record. Also, once you've submitted your hearing request, you can apply for financial hardship status if you're unable to pay while the case is being reviewed. This prevents them from starting collection activities.
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Quinn Herbert
•Thank you so much for this information! I'll try calling right at 8am tomorrow. Do you know how long these investigations typically take? I'm worried this is going to drag on for months.
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Salim Nasir
•Unfortunately, these cases typically take 3-4 months to resolve completely. The good news is that once you submit the identity theft documentation and request a hearing, collection actions should be paused until a determination is made. Make sure you get confirmation in writing that your case is under review.
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Quinn Herbert
Update: I've been trying all the numbers everyone suggested for TWO DAYS and still can't get through to anyone. This is so frustrating! I sent in a hearing request form through certified mail so at least I have proof I responded within the 30 days. I also filed a police report for identity theft. Still no luck actually talking to a human being at NYSDOL though. I'm going to try the 8am trick tomorrow.
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Hazel Garcia
•Seriously, try the Claimyr service I mentioned earlier. I know it seems weird to pay to get through, but it saved me literal weeks of trying to call. The peace of mind from actually talking to someone was worth it for me. The longer this drags on, the more stressful it gets.
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Quinn Herbert
•I might have to try that if I can't get through tomorrow. This is eating up so much of my time and mental energy. I just want to speak to an actual person who can see this is obviously a mistake!
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Nasira Ibanez
Just wanted to add - make sure you document EVERYTHING. Every call attempt, every letter you send, every person you speak to. If this does end up going to a hearing, having a paper trail of your efforts to resolve it will help your case tremendously. Also check if any of your personal information was involved in data breaches - you can use the Have I Been Pwned website to check if your email was in any known breaches.
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Quinn Herbert
•Thanks for this advice. I just checked that website and my email was in THREE different breaches in the last few years! I had no idea. Guess I need to change all my passwords too now.
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Simon White
Final advice: When you do get through to someone, request that they place a "fraud alert" flag on your file in their system. This will prevent any future claims from being automatically processed under your SSN without additional verification steps. Also, for future reference, you can set up an account on the NYSDOL website even if you're not currently claiming benefits - this allows you to monitor if anyone tries to file using your information again.
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Quinn Herbert
•I didn't know I could set up an account without claiming! I'll definitely do that once this mess is sorted out. Thank you everyone for all your help and advice. I'm still stressed but at least I have a plan now.
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