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Ava Thompson

PA UC nonfraud overpayment letters received - waiver denied for 'insufficient documentation'

I'm totally freaking out right now! I filed for PA unemployment back in January after my company downsized, and yesterday I got hit with THREE separate letters saying I now owe back everything they've paid me so far ($4,870). The letters say it's a 'nonfraud overpayment' but I swear I reported everything correctly! I checked the Treasury offset status by calling the number and also looked at my UC portal - downloaded the PDF and it shows 'offset: $0' but I don't know what that actually means for me. I already submitted 3 separate waiver requests and they denied ALL OF THEM stating 'insufficient documentation' - but they never specified what documentation they needed!? I included my termination letter, bank statements showing I'm broke, and even my rent agreement showing I can't afford to pay this back. Has this happened to anyone? What should I expect next? Will they garnish my wages at my new job? I just started working again two weeks ago after being unemployed for 4 months and I'm still catching up on bills...

CyberSiren

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I've gone through this exact situation. A nonfraud overpayment means they believe you received benefits you weren't eligible for, but don't think you did it intentionally. The $0 offset means they haven't sent it to collections yet or started garnishment proceedings. For the waiver documentation, you need to be very specific. They're looking for: 1. Proof of financial hardship (utility shutoff notices, eviction notices) 2. Detailed monthly expense breakdown 3. All household income documentation 4. Bank statements showing low balances 5. A personal statement explaining why repayment would cause severe hardship Call the UC service center and specifically ask to speak with an overpayment specialist who can tell you exactly what documentation was missing from your waiver requests. You can file another waiver with the correct documentation.

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Ava Thompson

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Thanks so much for the detailed response! I had no idea I needed that many documents. I only included some bank statements and my rent agreement. Do you know if there's a time limit for submitting another waiver request? And should I call them first before submitting anything else?

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same thing happend to me last yr...they said i owwed $6200 back!!! i submitted waiver and got denied 2 times also. ended up having to do a payment plan where i pay $75 each month. its better than nothing i guess but still sucks when the mistake wasnt even my fault

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Ava Thompson

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Oh no, that's what I'm afraid of! Did they ever explain why the overpayment happened in your case? And how did you set up the payment plan - did you have to call them or was there a form online?

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Zainab Yusuf

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You need to request a HEARING immediately, not just keep submitting waivers. You only have 15 days from the date on those letters to appeal the overpayment determination, or it becomes final. The fact that they issued three separate overpayment notices suggests they might have made an error in their calculations. When you file the appeal, request a copy of your claim file through a Right to Know request so you can see exactly why they determined you were overpaid. Common reasons include: - They later determined you didn't have sufficient base year wages - They found out you were working part-time and didn't report all earnings - They determined your separation reason didn't qualify (like if they later got contradicting info from your employer) In the hearing, you can both contest the overpayment itself AND request a waiver even if the overpayment is valid. But you MUST file that appeal within the 15-day window.

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Ava Thompson

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You're right - I need to act fast! The letters are dated May 12th so I still have a few days left. I'll file the appeal online tonight. Is there a specific form for the Right to Know request or do I just write a letter asking for my claim file?

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Happened to me too. Got hit with a $3k overpayment notice after I was already back to work. It's RIDICULOUS how they approve your claim, pay you for months, then suddenly decide you weren't eligible all along!!! I tried appealing but the wait for a hearing was 3 MONTHS. Meanwhile they started taking 25% of my tax refund. DON'T COUNT ON THE WAIVER. In my experience they deny almost all of them unless you're literally about to be homeless. The system is designed to take money back even when THEY made the mistake!

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Zainab Yusuf

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While I understand your frustration, it's important for OP to know that waivers are definitely approved in many cases when properly documented. The UC law specifically provides for waivers when repayment would cause financial hardship and the overpayment wasn't the claimant's fault. The key is submitting comprehensive financial documentation and following the proper appeal procedure.

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Yara Khoury

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i got a question...does it say on the letters WHY they think you were overpaid? like did they say which weeks were wrong or why they think you shouldnt have gotten that money?

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Ava Thompson

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The letters just say my 'separation reason was determined to be disqualifying' but it doesn't give details. I was let go during company downsizing but they're claiming something else happened? I'm so confused because my employer told me they wouldn't contest my unemployment.

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Keisha Taylor

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Have you tried reaching the PA UC service center directly to speak with someone about your case? I was in a similar situation with overpayment notices and getting through to an actual person made all the difference. I spent weeks getting busy signals and disconnections until someone told me about Claimyr (claimyr.com). They have a service that helps you get through to unemployment phone lines without the endless redial game. I used it and got connected in about 30 minutes instead of trying for days. They have a video showing how it works here: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 Once I got an actual claims examiner on the phone, they explained exactly what documentation I needed for my waiver and even noted in my file that I was submitting a new waiver with the correct documentation. Made a huge difference in my case.

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Yara Khoury

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does that actually work? i tried calling unemployment for 3 weeks straight last year and never got thru once!

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Nonfraud overpayments are much better than fraud overpayments. Key things you need to understand: 1. Pennsylvania cannot charge interest on nonfraud overpayments 2. They cannot prosecute you criminally 3. They have limited collection methods (tax intercepts, lottery winnings, and potential lawsuit) 4. They cannot report to credit bureaus for 7+ years I recommend appealing the waiver denial AND requesting a hearing on the original overpayment determination simultaneously. Two separate processes. For your new waiver application, include EVERY financial document you can think of: - Complete tax returns - ALL bank statements for 6 months - Utility bills - Medical bills - Credit card statements - Car payment info - Childcare expenses if applicable - Student loan statements - A detailed monthly budget The more documentation, the better your chances. Also include a personal statement explaining your hardship in detail.

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Ava Thompson

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This is so helpful, thank you! I didn't realize nonfraud overpayments had those protections. I'll gather all those documents this weekend. Quick question - when you say appeal the waiver denial, is that a separate form from the hearing request on the overpayment determination?

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Zainab Yusuf

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@OP - Based on your comment about the 'separation reason being disqualifying,' what likely happened is your employer told UC something different than what they told you. This is unfortunately common. You need to appeal the determination AND request the hearing as mentioned earlier. In your appeal, specifically state: "I am appealing both the overpayment determination and the finding that my separation was disqualifying. I was laid off due to company downsizing and did not commit any willful misconduct." Make sure to attend the hearing with any documentation proving your layoff was due to downsizing (termination letter, emails, etc.). You have a strong case if you can prove the separation reason.

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THIS!! My employer told me I was laid off but then told UC I was fired for attendance issues! I had to get texts from my supervisor admitting it was really a layoff to win my case. Companies do this all the time to avoid their unemployment tax rates going up.

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CyberSiren

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Following up on my earlier comment - if your overpayment is due to a separation issue, that's actually good news because it means you can potentially resolve the entire thing by winning your appeal on the separation issue. If you can prove you were laid off due to downsizing, the overpayment disappears entirely. Make sure you file the appeal form (UC-46) within 15 days of the determination date. If you're past the 15 days, include an explanation for why you're filing late and request "nunc pro tunc" consideration (legal term for allowing a late appeal due to good cause). Prepare for your hearing by gathering: 1. Your termination letter 2. Any emails about the downsizing 3. Names/contacts of coworkers who were also laid off at the same time 4. Performance reviews showing you were in good standing 5. Any communications with your employer about the layoff And yes, trying to reach UC directly as someone suggested is a good idea to get clarity before your hearing.

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Ava Thompson

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Thank you so much for the follow-up! I do have the termination letter that says 'position eliminated due to departmental restructuring' and emails discussing the layoff. I had no idea I needed to submit form UC-46 specifically - I was looking all over the portal for an appeal option. I'll download that form right away!

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btw dont ignore this even if ur scared...they will take ur tax refunds and eventualy can garnish wages...def file that appeal asap!!!!

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Ava Thompson

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I definitely won't ignore it! Going to file the appeal today and gather all my documents this weekend. Thanks for the warning!

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Keisha Taylor

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One more tip - print out EVERYTHING and keep copies of all documents you submit. PA UC has been known to claim they never received documents even when submitted through their portal. I recommend sending things certified mail when possible or at minimum taking screenshots of your submission confirmations.

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Great advice. Also document every phone call - date, time, name of representative, and summary of what was discussed. I've had UC representatives give conflicting information, and having detailed notes of those conversations helped my case tremendously.

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I went through something very similar about 6 months ago. Got hit with a $3,200 overpayment notice and panicked just like you are now. The good news is that if you have documentation proving you were laid off due to downsizing, you have a really strong case to get this overturned completely. Here's what worked for me: 1. Filed the UC-46 appeal form immediately (don't wait!) 2. Requested my complete claim file through a Right to Know request 3. Gathered EVERY piece of documentation about my layoff - termination letter, emails, even LinkedIn posts from my company about the restructuring 4. Called using that Claimyr service someone mentioned (it actually does work - got through in 45 minutes vs weeks of trying) The hearing took about 3 months to get scheduled, but once I presented my evidence that it was a legitimate layoff, they reversed the entire overpayment determination. No payment plan needed, no garnishment, everything wiped clean. The key is proving your employer gave UC different information than what actually happened. Companies do this ALL the time to avoid paying higher unemployment taxes. Don't let them get away with it! You've got this - just act fast on that appeal deadline!

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Yara Abboud

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This gives me so much hope! Thank you for sharing your experience. I'm definitely going to file that UC-46 form today and request my claim file. Did you have to pay anything upfront for the Right to Know request, or is it free? Also, when you had your hearing, was it over the phone or did you have to go somewhere in person?

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Yuki Watanabe

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@Chloe Anderson This is exactly what I needed to hear! Your story gives me so much confidence that I can fight this. I m'filing the UC-46 today and will request my claim file too. Quick question - did you have to pay anything for the Right to Know request, and was your hearing conducted over the phone or in person? Also, how long after you requested your claim file did you actually receive it? I want to make sure I have everything before my hearing gets scheduled.

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Natasha Ivanova

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I'm so sorry you're going through this stress! I had a very similar situation last year - got three overpayment letters totaling $5,400 after being back at work for just a month. The panic is real, I totally get it. Based on what you described about the "separation reason being disqualifying," it sounds like your employer may have told UC something different than what they told you about the layoff. This happened to me too - I was told it was a layoff due to budget cuts, but my employer reported to UC that I was terminated for performance issues. Here's what I wish I had known from day one: 1. File that UC-46 appeal form IMMEDIATELY - you're running out of time on the 15-day deadline 2. Request a copy of your employer's response to UC through a Right to Know request - this will show you exactly what they reported 3. Don't just keep submitting waivers without appealing the underlying overpayment determination first The silver lining is that if you can prove the separation issue was incorrectly determined, the entire overpayment disappears. You won't need to worry about waivers, payment plans, or any of it. I ended up winning my appeal because I had my termination letter clearly stating "position eliminated due to organizational restructuring" which contradicted what my employer told UC. The whole process took about 4 months but was worth it to clear the debt entirely. You mentioned you have documentation showing it was downsizing - that's golden! Get that appeal filed today and don't let them intimidate you. The system can be beaten when you have the right documentation and follow the proper procedures.

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