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I got denied because I made $2000 over due to overtime. I understand overtime is counted as well but it's not like I get it throughout the year. Any appeal opinions? If I do get approved on appeal I doubt an apt will be open again.
The appeal process is fast, so don't lose heart. Others can probably give you more advice on how to argue your appeal. Did they project an income using the overtime? Or did that $2,000 simply put you over a yearly income? If you're over you're over. But maybe you could argue that it was a one-time payment, not a recurring thing. Some others are sure to weigh in. But apartments move very slowly, so don't think there won't be one if they overturn their decision.
Overtime is tricky. When they see overtime they get nervous. Sad to say, this could deep-six you. Others on this board have had this problem. Do a search and read their posts.
The trouble with overtime is that it's unpredictable. You can swear up and down that you'll never get it again, and they would have to take your word for it. Basically, they can't do that.
The guidelines say they must calculate your income a couple different ways and take the highest amount. It's going to be hard to fight this.
They did my gross income and it totaled $2000 over the income bracket. I got a note from my manager saying we are fully staff now and I won't. E getting any overtime. I just don't get it because my w2 shows I'm in the bracket for year 2016. Just the last 6 paystubs show overtime Bc a employee e had to do Radiation.
Your best bet would be to get your employer to write a letter stating the overtime was one-time occurrence and that they are not expecting you to earn overtime in the foreseeable future . Maybe you can pass that on as a one time payment .
It might not work , but it's worth a shot .
Your best bet would be to get your employer to write a letter stating the overtime was one-time occurrence and that they are not expecting you to earn overtime in the foreseeable future . Maybe you can pass that on as a one time payment .
It might not work , but it's worth a shot .
Hey do you guys think I should get a lawyer to write my appeal? Would it be beneficial? ThankYou
No. If they think you can afford a lawyer, it will actually hurt your chances. But I agree with the other advice here. The best/only chance you have is to get an employer to write a letter saying the overtime was a one-time thing and not expected to recur.
In addition to reviewing current income verifications, the Marketing Agent must
evaluate an applicant’s most recent income history based on the applicant’s
most recent tax returns. Unless a compelling argument can be made as to why
an applicant’s income decreased, the highest income of the sources must be
used.
2. Here are examples of continuing need demonstrated in changes to recent
income history:
The maximum income for a single applicant to Plaza Towers is $30,000.
Example 1: Mary Smith is a seamstress who was laid off by her previous
employer, where her tax return shows she earned $32,000 a year. Her new
employment with a different garment company pays her $28,000 a year as
documented by her pay stubs and 3rd party employer letter. In this case, a
compelling argument can be made not to use Mary’s tax return income, even
though that is the highest amount. The change in Mary’s income was not
voluntary and her new job/earnings are generally consistent with her recent
history. The amount from her current pay stubs and 3rd party should therefore be
used, under which she is eligible.
You can make the argument that the highest calculation of income (in your case, average of paystubs which include overtime) should not be used because it is not representative of your general earning power. Cite this section of the Marketing Guidelines in your appeal. Quote it. Like Mary Smith, you are slightly over the income bracket according to their calculations, but your future earning power will not be so high because you do not expect to be receiving this overtime on a regular basis. In your appeal, attach a letter from your employer saying the overtime will not recur as "Exhibit A". Attach other current recent paystubs without overtime (like ones you have received since your interview) as "Exhibit B". Make your case that the paystubs provided at the interview were not representative of your general earning power.
This is your best chance, and- just to clarify- I think you only have a 20-25% chance of prevailing (these interviewers are trained to only look at numbers and not consider any other circumstances), but you have nothing to lose by trying. Just make sure your appeal is on time.
You've gotten some great advice here, now follow it. The key in these appeals is to be specific and refer to guidelines whenever relevant. Use bullet points. Write in a step-by-step style at a third-grade reading level. No fancy deals. Present the letter from you employer, and emphasize your W-2 earning, which fall within the bracket. Write in a respectful tone. You don't need to spend money on a lawyer--not because it would show you to be too financially solvent (many legal-aid lawyers cost next to nothing, and these marketing agents simply go by the book and don't make extraneous judgements about what you can or can't afford--if your numbers add up and you fall within the rules, you're in, if not, you're not), but you simply don't need a lawyer. Become your own expert. Let us know what happens. You have two weeks from the date of the letter to appeal. Send the appeal in a way that you can verify when it was received--spring for Express Mail, Priority Mail, or Federal Express--that's where you should spend some money.
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