Friday, September 11, 2009

REPAYMENT OF UNEMPLOYMENT INSURANCE BENEFITS

This is an issue I would like to here from people who have had this experience. An individual contacted me. This individual was determined to have received several thousand dollars in overpayments and stated that the Department of Labor sent a collection letter for repayment, threatening lawsuit, etc. I have not heard of this type of action being taken by the Department of Labor before and I did not see the letter but this is the information I obtained from the Department of Labor website on repayments of overpayments or penalties:

"Failure to repay an overpayment may result in additional charges for interest."

"In addition, arrangements have been made with other state agencies that enable the Department to intercept payments due you to repay amounts owed to the Department."

"If the Administrative Law Judge does not rule in your favor, you will be informed of whether you are required to repay any unemployment benefits that were issued to you and/or whether your rights to future benefits will be reduced due to a forfeit penalty."

"If you have been disqualified or suspended and file a new claim for benefits, you may be able to receive benefits after the suspension or disqualification ends, if, at that time, you can meet all of the tests for filing a new valid claim. If you are determined eligible for benefits on a new claim and have an outstanding overpayment or forfeit penalty, your rights to those benefits will be offset by the number of forfeit penalty days outstanding, up until the penalty expiration date. Once the forfeit penalty is satisfied, any benefits you are entitled to will be applied to offset an existing overpayment. When the overpayment has been repaid, you may receive weekly benefits under the same eligibility criteria as any other claimant."

"If you do not file a new claim, but are required to repay unemployment benefits issued to you, you may send a check or money order payable to Unemployment Insurance Division and mail it to Unemployment Insurance Division, NYS Department of Labor, P.O. Box 4320, Binghamton, NY 13902-4320. Be sure to write your Social Security number on each check or money order. For payment arrangements, call the Overpayment Unit."

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