PA UC reversed my approved appeal and now claiming fraud - need legal advice ASAP
I'm completely lost right now and freaking out! I had an appeal hearing with a referee about 3 weeks ago regarding my eligibility for benefits after being laid off from my restaurant job. The referee RULED IN MY FAVOR and I thought everything was resolved. Today I checked my dashboard and there's a NEW determination letter saying I committed fraud and now owe $9,400 in overpayments!!! How can they reverse a referee's decision without even telling me? The determination says something about 'new evidence' but doesn't explain what that is. I've tried calling PA UC about 30 times today and can't get through to anyone. Do unemployment decisions get overturned like this after winning an appeal? Who can overturn a referee's decision? Does anyone know a lawyer who handles these cases without charging thousands upfront? My entire claim history is a complete disaster at this point.
23 comments
Reina Salazar
Yes, unfortunately the Board of Review can overturn a referee's decision if the employer appeals to the next level or if UC staff find what they consider new evidence of ineligibility. You have 15 days from the determination date to file a new appeal. I went through this exact situation last year. Make sure you specifically address why you believe the fraud determination is incorrect, and request another hearing. Document EVERYTHING. The ref decision should have included language explaining the appeal process to the Board of Review.
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Dallas Villalobos
•Thank you for explaining. I didnt even know there was a Board of Review! The determination letter is dated 8 days ago but they sent it to my old address even though I updated it months ago. Does that mean I only have 7 days left to appeal? Im so scared about the fraud label, I was completely honest with them about everything.
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Saanvi Krishnaswami
omg thats so messed up! the same thing happened to my brother and it took him like 6 months to get it resolved. pa unemployment is a joke fr
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Dallas Villalobos
•6 MONTHS??? I can't wait that long! Did your brother end up having to pay back the money while it was being resolved?
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Demi Lagos
The appeals process is super frustrating, I know. Here's what you should do right away: 1) File your appeal immediately - don't wait the full 15 days 2) In your appeal, specifically request another hearing and explain why the fraud determination is incorrect 3) Contact your state representative's office - they have unemployment liaisons who can look into your case 4) Request all documents related to your claim through the Right to Know process And most importantly, DO NOT IGNORE THIS. Even if you think it's obviously wrong, you must appeal formally or it becomes permanent. I've seen too many people get wage garnishments because they didn't follow the appeal process correctly.
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Dallas Villalobos
•Thank you for the detailed advice. I'm definitely not ignoring it - I'm just panicking! I'll file the appeal tonight. How do I contact my state rep's office about unemployment issues? Do they have special contacts at UC?
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Mason Lopez
I've been through this nightmare. The UC system is completely broken. When they labeled me with fraud, I couldn't get ANYONE on the phone. After 200+ calls over 3 weeks, I found Claimyr (claimyr.com) and got through to a UC agent in 20 minutes. They were able to explain exactly why my claim was flagged and what I needed to submit to appeal it. Saved me weeks of stress. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Worth every penny when you're dealing with a fraud determination.
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Vera Visnjic
•Does this actually work? I've been calling for 2 weeks straight trying to fix my claim and haven't gotten through once.
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Mason Lopez
•Definitely worked for me and several people in my FB unemployment group. It's the only way I was able to get through and resolve my issue. Without talking to an actual agent, I was completely stuck.
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Jake Sinclair
hate to say it but you probably need a lawyer. my cousin had something similar happen and tried to fight it himself. ended up losing and having his wages garnished for like 2 years. legal aid might be able to help if you cant afford an attorney
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Dallas Villalobos
•That's what I'm afraid of. Do you know how much your cousin's lawyer charged? I'm already broke from being on reduced benefits during the appeal process.
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Reina Salazar
To answer your question about the appeal deadline - yes, you only have 7 days left, but UC will often accept appeals filed a few days late if you explain why (like the notice being sent to the wrong address). You need to note that specifically in your appeal. Regarding the fraud determination, there are two main types: intentional fraud (which carries penalties) and fault overpayment (which doesn't have penalties but you still repay). Make sure you understand which one they're claiming.
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Dallas Villalobos
•It definitely says 'fault overpayment due to misrepresentation' on the letter. Does that mean they think I lied?! All I did was answer their questions truthfully during my claim!
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Brielle Johnson
This happened to me too! the whole system is designed to confuse people so they can label everything fraud later. i had a referee rule in my favor then 2 months later they said i committed fraud by not reporting work properly even though i had documentation proving i did!!!
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Demi Lagos
•This is why it's so important to keep ALL documentation related to your claim, from screenshots of your weekly certifications to copies of any documents you upload. The UC system often has record-keeping issues, and having your own proof can be the difference between winning and losing an appeal.
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Honorah King
Not sure if this is helpful but I know someone who works for a legal aid office that helps with unemployment appeals for free. If your income is below a certain amount you can qualify. Try Philadelphia Legal Assistance if you're in that area, or look up legal aid in your county. The fraud determination is serious and worth getting professional help with.
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Dallas Villalobos
•Thank you! I'm in Allegheny County (Pittsburgh area). I'll look up legal aid services here right away. Did your friend mention how long these cases typically take?
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Demi Lagos
After you file your appeal, you should request a copy of your claim record through the Right to Know process. This will show you exactly what evidence they're using against you. It takes about 2-3 weeks to get the records, but it's worth it. You can also try to talk to a UC examiner to understand why they made this determination - that's often faster than waiting for the records. Also, important note: even while appealing, set up a repayment plan even if it's just $5 a month. This keeps your account in good standing and prevents them from taking more aggressive collection actions while you fight this.
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Vera Visnjic
•Wait is that true about setting up a repayment plan? I thought that meant you're admitting you owe the money?
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Demi Lagos
•It doesn't constitute an admission of fault. The UC documentation specifically states this. You can set up a minimal payment plan while appealing, and if you win, they refund any payments made. It just prevents them from taking collection actions or adding additional penalties while your appeal is pending.
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Dallas Villalobos
UPDATE: I just got through to UC after using the Claimyr service that someone suggested. The agent explained that my employer submitted new information claiming I was fired for misconduct instead of laid off. This is 100% false and I have texts from my manager confirming I was laid off due to slow winter business! The agent advised me to submit these texts with my appeal and request a new hearing. I'm filing my appeal today and contacting legal aid tomorrow. Thank you all for the help and advice!
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Reina Salazar
•That's great news that you found out the specific reason! Make sure to include those text messages and any other documentation showing you were laid off. Also request all of your employer's submitted documentation as part of your appeal so you can see exactly what they claimed.
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Honorah King
•Good luck with your appeal! Make sure to keep us updated on how it goes. The fact that you have documentation contradicting your employer's new claim is really important.
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