PA UC appeal from 2021 discovered years later - tax refund being taken without notice
I'm in complete shock right now. Just found out the PA unemployment office is planning to take my 2025 tax refund for an overpayment from 2021 that I NEVER knew about! Apparently my former employer (restaurant that closed during covid) appealed my UC benefits that I received for about 6 weeks back in 2021, and supposedly won. But here's the crazy part - I was NEVER notified about any appeal or determination until I got this random email about them taking my tax refund! When I called UC (took 3 days to get through), the rep told me I can't appeal because it's been more than 21 days from the determination date... from 4 YEARS AGO! I sent an email explaining I never received any notice, and they actually scheduled a hearing but then canceled it THE SAME DAY. Just got a letter saying I'm past the 21-day appeal window. They're trying to collect $4,250 from me for a decision I never even knew existed! How is this legal? Can they really deny my right to appeal when they never properly notified me in the first place? Anyone dealt with something like this before?
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Samantha Hall
You need to file for what's called a "nunc pro tunc" appeal immediately. This specifically addresses situations where you missed the appeal deadline through no fault of your own. You'll need to provide a detailed explanation of how you never received the original determination notice. PA law actually requires them to properly serve you with notice - if they failed to do that, you have grounds to have your appeal heard despite being outside the 21-day window. Be sure to include any evidence showing you didn't receive notice (address changes, mail issues, etc). Don't give up - this happens more than you'd think!
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Noah Torres
•Thank you for this! I've never heard of a "nunc pro tunc" appeal before. Do I file this through the regular appeal process on the UC website or is there a special form? I definitely need to mention that I moved twice since 2021, so that could explain why I never got any notices. Really appreciate the help!
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Ryan Young
omg this EXACT thing happened to my cousin!! they took his whole refund last year and he didnt even know he had an overpayment. the system is rigged against us!!!
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Sophia Clark
•THE SYSTEM IS TOTALLY RIGGED!!! I've been fighting with them for MONTHS about an overpayment they claim I have from 2022. They sent the notice to my OLD address even though I updated my info MULTIPLE TIMES in the system!!! Then they act like it's MY FAULT I didn't respond within 21 days to a letter I NEVER GOT! Pennsylvania UC is a DISASTER and they don't care about regular people AT ALL!
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Katherine Harris
You need to request a "good cause" hearing based on lack of notice. I went through this in 2023 and eventually won. The key is documenting everything. Did the UC rep give you any info about when the determination was supposedly mailed? What address did they have on file for you? Also contact your state representative's office - they can often intervene with UC on your behalf and get better results than you can alone. This happens fairly often with PA UC where notices get lost or sent to old addresses, and there are procedures to address it. Don't let them bully you with the 21-day rule when they failed to provide proper notice.
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Noah Torres
•The UC rep didn't give me many details about when the determination was mailed, just that it was "sent out" in 2021. I've moved twice since then, and I'm not sure they had my current address. The representative's office is a great idea - I hadn't thought of that. Did you use a lawyer for your case or handle it yourself?
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Madison Allen
wait im confused... if they say u owe money from 2021 doesnt that mean the determination was made back then? so even if u appeal now and win wouldnt they just say ur still late on the appeal anyway? unemployment is so confusing lol
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Samantha Hall
•That's exactly why the "nunc pro tunc" appeal exists - it's specifically for situations where someone missed an appeal deadline due to circumstances beyond their control, like never receiving the notice. If approved, it essentially resets the appeal clock and allows them to appeal the original determination as if they'd just received it. The key legal principle is that you can't be expected to appeal something you were never properly notified about.
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Joshua Wood
I had a similar situation in 2022 and spent WEEKS trying to get through to someone at unemployment. After 50+ calls with nothing but busy signals and disconnections, I found a service called Claimyr that got me connected to a PA UC agent in about 20 minutes. Totally worth it since I was able to explain my situation directly to someone who could actually help. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. The agent I spoke with explained exactly what forms I needed for the good cause hearing and even put notes in my file about the missing notices. Definitely try to speak directly with someone rather than just relying on emails.
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Justin Evans
•Is that service legit? Sounds too good to be true after all the horror stories I hear about trying to call unemployment.
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Sophia Clark
DO NOT GIVE UP!!! I went through this NIGHTMARE last year! PA UC is NOTORIOUS for sending important documents to outdated addresses and then claiming it's YOUR FAULT when you don't respond in time! You need to file that appeal immediately AND contact Legal Aid in your county - they offer FREE legal assistance for unemployment issues. Make sure you document EVERYTHING from now on - names of reps you speak with, dates, times, what was said. The system is DESIGNED to make you give up, but you have RIGHTS! Also file a complaint with your state senator's office. The squeaky wheel gets the grease with these bureaucratic NIGHTMARES!
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Noah Torres
•Thanks for the encouragement. I'm definitely not giving up but feeling pretty overwhelmed by the whole process. I'll look into Legal Aid - didn't realize they helped with unemployment issues. Will start documenting everything too. I've already started keeping a log of all my calls and emails.
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Ryan Young
dont they have to prove you got the notice? like dont they send important stuff certified mail or something
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Katherine Harris
•Unfortunately, PA UC typically sends most notices by regular first-class mail, not certified mail. They're only required to send it to your last known address on file. This is exactly why keeping your address updated with them is so important, and why so many people run into this problem. They don't have to prove you personally received it - only that they sent it to your address of record. It's definitely a flaw in the system.
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Noah Torres
Update: I talked to Legal Aid today and they're going to help me file the "nunc pro tunc" appeal! The attorney said I have a strong case since I never received ANY communication about the appeal until they tried to take my tax refund. Apparently PA UC is required to make a "reasonable attempt" to notify claimants, and sending one notice to a possibly outdated address doesn't qualify as reasonable when they're collecting debts years later. Will keep everyone posted on how this goes. Thanks so much for all the advice!
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Samantha Hall
•That's excellent news! Legal Aid attorneys who specialize in unemployment cases know exactly how to handle these situations. Make sure they address both the procedural issue (lack of notice) and the substantive issue (whether you were actually eligible for the benefits in the first place). Your case is exactly why the "nunc pro tunc" process exists. Good luck, and please do update us on how it goes - your experience could help others in similar situations.
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