Will NY unemployment take my new benefits to cover an old overpayment from when I started a job?
Just got off the phone with the unemployment office and they dropped a bomb on me. They're saying I might have received an overpayment for about 2 weeks back in August 2022 when I started my previous job. I thought I reported everything correctly but apparently there might be some overlap issues. Now I have a new claim that was recently approved (got laid off in June) and I'm worried about what happens next. If they determine I do have to pay back those 2 weeks from last year, will they just deduct it from my current benefits? Will my current claim stay active while they take payments? Never had to navigate this situation before and I'm stressing out about potentially losing my current benefits entirely. Anyone dealt with this before?
45 comments
CosmosCaptain
Yeah, they will most likely take a percentage from each weekly payment until the overpayment is paid off. Your claim will stay active. When I had an overpayment they took 50% of each payment until it was paid back. Dont worry too much, they wont cancel your current benefits completely.
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Ravi Choudhury
Thank you! That's a relief. Do you know if they'll tell me ahead of time how much they're gonna take? Or does it just show up reduced one day?
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CosmosCaptain
They should send you a notice in the mail with all the details before they start taking anything. You'll know exactly how much and for how long.
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Freya Johansen
Not always true. Mine just started coming in reduced with no warning. Had to call to figure out why my payments were less š
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Ravi Choudhury
Great... that's what I was afraid of. Guess I'll try to put some money aside just in case.
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Omar Fawzi
After dealing with the same nightmare of trying to reach ny unemployment for weeks, I finally found a service called Claimyr (claimyr.com) that got me connected to an actual human at unemployment. Talking to a real person got my overpayment situation sorted in one call - they explained exactly how much would be taken and gave me options. Best thing I've done to get my benefits flowing properly again. Check out their process here: https://youtu.be/Rdqa1gKtxuE
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Chloe Wilson
Does this actually work? I've tried calling like 40 times already this week š©
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Omar Fawzi
100% worked for me. Was skeptical at first but after 3 weeks of failed attempts myself, it was the only thing that got me through. They called and stayed on hold, then connected me when an agent picked up.
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Diego Mendoza
Another 'miracle solution' huh? What's the catch? Been through enough disappointment dealing with unemployment already š
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Omar Fawzi
No catch - it literally just gets you past the hold time. I was in the same boat - totally fed up. But talking to an actual agent got my issue fixed in minutes instead of weeks of stress.
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Anastasia Romanov
Just checked out the video you linked. Seems like it could actually help with my situation too. Gonna try it tomorrow morning.
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StellarSurfer
When this happened to me they took 25% of each weekly payment until I paid back what I owed. They sent me a notice first explaining everything. Your claim stays active but your payments are just reduced. You can also call and try to negotiate a payment plan if the reduction is too much for your budget.
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Sean Kelly
THIIIIIIS SYSTEM IS A JOKE. they make simple mistakes and then we gotta suffer. they probably messed up the dates and now ur on the hook. fight it if u can prove u reported correctly. dont just accept it!!1!
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Zara Malik
Preach!! š The system is designed to confuse us so they can claim overpayments later. Document EVERYTHING.
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Ravi Choudhury
I do have screenshots of when I reported my new job last year. Should I send those in or wait until they make a formal determination?
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Sean Kelly
send that stuff NOW dont wait for them to mess up more. be proactive!!! the more documentation the better
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Luca Greco
If they determine there was an overpayment, they typically recoup it by withholding a percentage (usually between 25-50%) of your current weekly benefits until the overpayment is satisfied. Your claim will remain active during this process. Here's what you need to know: ā¢ They should send you a formal Notice of Determination explaining the overpayment amount and how they'll collect it ā¢ You have the right to appeal the determination if you disagree ā¢ In some cases, you can request a waiver if repayment would cause financial hardship ā¢ Your weekly certification process remains the same ā¢ The recoupment amount is typically withheld automatically I recommend calling them directly to discuss your specific situation. The automated phone system can be frustrating, but I had success using claimyr.com to get through to a representative quickly. Having a direct conversation about your case will give you the clearest answers about your particular situation. Keep all documentation showing when you reported starting your job last year, as this could be crucial if you need to appeal their determination.
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Nia Thompson
This is super detailed and helpful! Do they ever waive overpayments completely or just reduce the percentage they take?
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Luca Greco
Yes, they can completely waive overpayments in certain circumstances - usually if the overpayment wasn't your fault AND repayment would cause significant financial hardship. But you have to specifically request the waiver and provide documentation.
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Mateo Rodriguez
Had this exact situation last month. They took 30% of my weekly payment until the balance was paid off. Your claim stays active - they just reduce the payment amount you receive each week. The annoying part was they didn't tell me ahead of time - my payment just showed up smaller one week.
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Aisha Hussain
Im on my 3rd claim with ny unemployment (construction worker, layoffs are normal for us). They ALWAYS find something wrong with previous claims lol. Don't stress. They'll take a percentage of your weekly benefits until it's paid. Your claim stays active. Just annoying to deal with smaller payments for a while.
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Ravi Choudhury
Good to hear from someone with experience. Do they ever negotiate on the percentage they take?
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Aisha Hussain
Yea if u call and explain ur situation they sometimes can lower it. I got mine down to 15% when I explained my rent went up. But getting thru on the phone is a whole other headache
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GalacticGladiator
Omg I'm dealing with the EXACT same thing right now. They said I had a 3 week overlap from 2022 and now they're taking 50% of my current benefits to pay it back. But my claim is still active, don't worry about that part at least.
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Ravi Choudhury
Ugh, 50% is a lot! Were you able to negotiate that down at all?
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GalacticGladiator
I tried but they said 50% was the "standard rate" š I'm gonna try calling again next week to see if I can get someone more helpful
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Ethan Brown
Everyone here is correct that they'll take a percentage of your benefits, BUT what nobody mentioned is that you can request a payment plan or even appeal the overpayment determination entirely if you have proof you reported correctly. Don't just accept their determination without questioning it!
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Yuki Yamamoto
They'll deduct from ur current benefits but ur claim stays active. BUT! check if the overpayment was due to fraud or non-fraud! if it's non-fraud (honest mistake) they take less percentage. If they say it's fraud they can take up to 100% until paid off. Make sure to clarify that when u talk to them!!!
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Ravi Choudhury
Whoa I didn't know they could take 100%! They didn't mention anything about fraud on the call, just said there might be an overpayment. Definitely going to follow up about this.
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Yuki Yamamoto
Yea def ask specifically. It makes a HUGE difference. If they classify it as non-fraud (which sounds like your case) then max they can take is 50% in NY.
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Carmen Ruiz
I swear the NY unemployment system is DESIGNED to be confusing so they can claim overpayments later. But to answer your question: yes they'll keep your claim active and just reduce your weekly payment amount until the overpayment is satisfied.
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Andre Lefebvre
After 30+ failed attempts to get through to unemployment on my own, I broke down and tried that Claimyr service (claimyr.com). They actually connected me to an agent when I had an overpayment issue like yours. The agent reduced my repayment percentage from 50% to 20% when I explained my financial situation. Worth every penny to get that resolved quickly instead of stressing for weeks.
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Zoe Dimitriou
Not falling for another unemployment 'hack'... these never work š
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Andre Lefebvre
Usually I'd agree with you, but this one actually delivered. I was totally surprised. They don't do anything except get you past the phone queue - you still talk directly to the unemployment office yourself.
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QuantumQuest
Hold up - I'm curious about this. How fast did you get through to someone?
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Andre Lefebvre
Got a callback with an agent on the line in about 2 hours. Compared to the 3 days I spent trying to get through myself (and failing), it was a huge time saver.
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Jamal Anderson
The amount they reclaim depends on the type of overpayment. If it's non-fraud (honest mistake), they take 25-50%. If they determine it was fraudulent (deliberately misreported), they can take up to 100% of your benefits until it's repaid. Either way, your claim remains active.
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Mei Zhang
In my experience with ny unemployment, they'll keep your claim active but reduce your weekly payment. The bigger issue is that they don't always tell you BEFORE they start taking the money. My payment suddenly dropped by 35% one week with no warning. Had to call multiple times to figure out why.
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Ravi Choudhury
That's scary...did they eventually send you any kind of formal notice?
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Mei Zhang
Yes but it came AFTER they already started taking the money š¤¦āāļø The notice explained everything but by then I'd already panicked about the reduced payment
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Liam McGuire
Hi, I work as a benefits counselor. Yes, your claim will remain active while they recoup the overpayment. They typically withhold a percentage (25-50%) of your weekly benefit until the overpayment is recovered. You have the right to appeal the determination or request a waiver if repayment would cause financial hardship.
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Ravi Choudhury
Thank you! What kind of documentation would I need for a hardship waiver?
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Liam McGuire
You'd need to provide bank statements, bills, rent/mortgage info, basically anything showing your essential expenses exceed or nearly exceed your income. They don't approve these easily, but it's worth trying if you're genuinely struggling.
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Amara Eze
Is this actually true? I heard they NEVER approve hardship waivers anymore.
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Liam McGuire
They still approve them, but the standard is quite high. I've seen about 1 in 5 get approved in my experience. The key is thorough documentation and clearly showing how the repayment would affect your ability to pay for necessities.
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