PA UC Overpayment Penalty Hearing Notice - What should I expect at the hearing?

Ya i had 1 of these last yr. its probably to determine if ur overpayment was fraud or non-fraud. even if u paid it back they still gotta decide if ur gonna have a penalty on future claims. bring proof that u paid everything back and any other paperwork u have about why the overpayment happend in the first place. good luck!

I went through this exact process in January. These hearings are to determine if your overpayment was due to fault (meaning you intentionally misrepresented something) or no-fault (honest mistake). Even if you've repaid the amount, they need to determine if a penalty period applies to future claims. The hearing will be conducted by a referee, not a judge. You'll have the opportunity to explain your side. Bring ALL documentation showing: - Proof you've repaid the overpayment - Any communication between you and your employer about wage reporting - Copies of your pay stubs that show the correct wages - The original determination letter about the overpayment Be prepared to clearly explain why the overpayment was not your fault. If the referee determines it was a non-fault overpayment, they typically waive the penalty period.

I've attended many UC referee hearings as an advocate. Here's what you should expect: 1. The hearing is semi-formal. You'll be sworn in before giving testimony. 2. The referee will explain the issue to be decided (penalty period determination). 3. Documents already in your file will be marked as exhibits. 4. You'll have the opportunity to present your case and submit any additional evidence. 5. If your employer is involved, they may also present testimony. 6. The referee will issue a written decision within 10-14 days. Since you say your employer reported wages incorrectly, bring documentation proving this. Under PA UC law, if an overpayment occurs through no fault of your own, you can request a "fault overpayment" be changed to a "non-fault overpayment," which has less severe penalties. Be calm, stick to the facts, and answer questions directly. Avoid getting emotional or blaming others.

If your employer doesn't attend, it neither helps nor hurts your case automatically. The referee will make their decision based on the evidence presented. Without the employer there to contest your version of events, your testimony may be the only account they have - but you still need to provide evidence supporting your claim. Hearings typically last 30-45 minutes, but can be shorter or longer depending on complexity. Since you're only addressing the penalty aspect (not the overpayment itself), it might be on the shorter side. One more thing: don't wait until the hearing day to try contacting a UC representative if you have questions. The wait times to speak with someone at PA UC are notorious - you might wait hours on the phone without getting through.

I HAD THE EXACT SAME THING AND THEY ARE STILL MESSING WITH ME SIX MONTHS LATER!!! Even after the hearing where they said it wasn't my fault, they still put a 6-WEEK PENALTY on any future claims!!! The whole system is RIGGED against us. They make "mistakes" with our benefits then punish US for THEIR errors!!! Bring EVERY PIECE OF PAPER you have and RECORD THE HEARING if they let you because they will twist your words later!!!!

My hearing was actually pretty straightforward. The referee was fair and reasonable. Just be honest about what happened. In my case, I had accidentally reported my gross wages instead of net wages for a part-time job, which caused the overpayment. I brought my pay stubs and a letter explaining the mistake. They determined it was non-fault and didn't apply any penalty period for future claims. Don't stress too much - just be prepared and honest. These hearings are designed to get to the truth, not to punish people for honest mistakes.

wait what form did u get? was it a UC-1697A? cause that one is for the telephone hearng not in-person. some people go to the wrong place and miss their hearng completely. double-check ur notice!!

Update: I just checked and mine is form UC-1697A so it IS a telephone hearing! Thanks so much for pointing that out - I would have shown up in person for nothing! The hearing is next Thursday at 10:15am. I'm gathering all my documentation now. Will let everyone know how it goes afterward in case it helps someone else.