PA UC non-fraud overpayment notice after 2 years - employer appealing but what should I do?
Just got hit with a serious problem. I received a notice from PA UC saying my claims from 2 years ago were actually ineligible and now I owe back all that money! The notice came completely out of nowhere. They had originally approved my claim without any issues, and now they're saying I shouldn't have received those benefits? The overpayment is marked as 'non-fraud' and 'no fault' (whatever that means), but it's still a massive amount of money I don't have sitting around. My former employer said they're going to file an appeal on my behalf since they believe I was eligible, but I'm not sure if I should just wait for that or do something on my own too? Has anyone dealt with an overpayment situation like this? What steps should I take while waiting for the employer's appeal? I'm really stressed about this and don't want to mess anything up that could make it worse.
16 comments
Paolo Ricci
Don't just wait for your employer to handle this. You need to file your own appeal within 15 days of receiving the determination notice or you'll lose your right to appeal, regardless of what your employer does. Their appeal and yours are separate. Make sure to clearly state why you believe you were eligible for the benefits in the first place. Also, request a waiver for the overpayment since it's marked as 'no fault' - that means PA UC acknowledges you didn't do anything wrong, which is actually good news. Keep copies of EVERYTHING you submit. And start gathering any documentation that proves you were eligible during that period.
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GalaxyGuardian
•Thank you! I didn't realize I needed to file separately from my employer. I'll do that immediately. For the waiver request, do I just write that on the appeal form or is there a separate process for requesting a waiver?
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Amina Toure
omg i had this exact same thing happen last yr!!! they said i owed like $7200 but i got it waived completely. non-fraud no fault means u didnt do anything wrong and thats really important. deff appeal it yourself and ask for waiver
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GalaxyGuardian
•That's a relief to hear! Did you have to do anything special to get the waiver approved, or did you just request it in your appeal?
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Oliver Zimmermann
Non-fraud no fault means UC made the mistake, not you. This happens all the time with their system. But don't assume your employer will handle everything for you. The system is designed to make you give up and just pay. FIGHT IT!!
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Paolo Ricci
•Exactly right. And to be clear, 'non-fraud no fault' specifically means the claimant received benefits they weren't eligible for, but it wasn't due to any misrepresentation or withholding of information on their part. In these cases, PA UC is much more likely to approve a waiver.
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Natasha Volkova
I hate to be the bearer of bad news, but I've been through the PA UC appeal process and it's AWFUL. Took me 6 months to resolve and I had to call them constantly. I'd try calling them now to ask questions about your specific case but good luck getting through - I spent WEEKS hitting redial for hours every day before I finally got a person. The whole system is designed to be impossible to navigate.
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Javier Torres
•I know exactly what you mean about not being able to get through on the phone. I was in a similar situation last month and was spending 3-4 hours every day just trying to get through. I ended up using a service called Claimyr that got me connected to a UC rep in about 20 minutes. Totally worth it for the peace of mind of actually talking to someone who could explain what was happening with my claim. They have a demo video at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. Their website is claimyr.com - saved me so much frustration!
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Emma Davis
Let me clarify some things about overpayment appeals in PA: 1. You have 15 days from the mailing date on the determination (not when you received it) to file your appeal 2. For a non-fraud overpayment, you have two separate options: appeal the determination itself AND/OR request a waiver of the overpayment 3. For the waiver, you'll need to demonstrate that repayment would cause financial hardship or would be 'against equity and good conscience' 4. Your employer's appeal will focus on whether you were eligible for benefits, but only you can request a waiver I recommend pursuing both paths simultaneously: appeal the determination and request a waiver. Even if you lose the appeal, you might still get the waiver approved.
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GalaxyGuardian
•This is incredibly helpful, thank you! I didn't realize I could both appeal AND request a waiver. Are there specific forms for the waiver request? And what kind of documentation would help prove financial hardship?
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CosmicCaptain
this happened to my cousin and he just ignored it lol. nothing ever happened to him but i wouldnt recomend that approach haha. probably should appeal it like everyone says
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Emma Davis
•Please don't ignore UC overpayment notices. If left unpaid, PA UC can and will eventually garnish wages, intercept tax refunds, and even place liens on property. This can happen years later and with additional penalties and interest added.
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Amina Toure
When I got my waiver I had to fill out a financial statement showing my income and expenses and send in bank statements. They want to see that paying back would cause hardship. I also wrote a letter explaining I relied on the money in good faith since they approved me. That seemed to help alot.
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GalaxyGuardian
•Thank you for the specific details! I'll definitely include a letter explaining my situation along with financial documentation. Did they take a long time to make a decision on your waiver?
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Paolo Ricci
For your appeal, focus on two key arguments: 1) Why you were actually eligible for benefits during that period (if you believe you were), and 2) Why requiring repayment would cause financial hardship even if they determine you weren't eligible. For the waiver request form, you can call UC or check online. Keep in mind that for a non-fraud determination, they've already established you didn't intentionally do anything wrong, which puts you in a much better position for both the appeal and waiver.
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GalaxyGuardian
•I found the waiver form online! It asks for a lot of financial information. I'm gathering all my documentation now and will be submitting both the appeal and waiver request tomorrow. Thank you all for the guidance - this has been incredibly helpful during a really stressful time.
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