Waiver of overpayment (status, denied, department, number)

[diorgirl]

Originally Posted by WALTERWALTER

u mention the employer challenged his MI determination After 3 Months. I was under the impression that any party has 10 Days to appeal a determination in NJ before it becomes final and cannot be appealed unless the party can show good cause for the late filing. I read this on a nj Determination. So I'm wondering how your friend's employer was able to appeal After 3 Months?

While that is printed on the determination letter that all parties receive, in fact that is not the practice in New Jersey. The determination does go into effect after 10 days, but it is not final and can continue to be challenged. Employees are rarely granted "another bite of the apple" after the 10-day period elapses. But employers routinely file objections and appeal determinations for months after a termination; the state gives them great leeway in their response time.

[Tuck91NYG]

Diorgirl is right, there are employers that have filed appeals when the person has collected for 6 months and into their extensions.

[Ariadne22]

NJ did pass a law in 2010 limiting amounts claimants were required to repay to benefits received after the reversal of the determination. Previously, they might have had to pay it all back. Sounds like Tuck's friend was one of the unlucky ones whose situation occurred prior to the change in the law.

Thanks to diorgirl, more info here.

//www.city-data.com/forum/16536998-post19.html

[Tuck91NYG]

yeah this happened in 2008

[WALTERWALTER]

Originally Posted by diorgirl

While that is printed on the determination letter that all parties receive, in fact that is not the practice in New Jersey. The determination does go into effect after 10 days, but it is not final and can continue to be challenged. Employees are rarely granted "another bite of the apple" after the 10-day period elapses. But employers routinely file objections and appeal determinations for months after a termination; the state gives them great leeway in their response time.

interesting how there is a double standard........seems to me 10 Days Means 10 Days for all....

[WALTERWALTER]

Originally Posted by Tuck91NYG

Diorgirl is right, there are employers that have filed appeals when the person has collected for 6 months and into their extensions.

wow, i am surprised NJ allows this!

[diorgirl]

Originally Posted by WALTERWALTER

interesting how there is a double standard........seems to me 10 Days Means 10 Days for all....

Originally Posted by WALTERWALTER

wow, i am surprised NJ allows this!

This is but one aberration in the application of unemployment insurance regulations in New Jersey. As can be attested to by those who have followed the department over time, there are many more.

[atagahi]

I faxed the letter with my request for a waiver today and I wonder how long until I get any type of reply from them?

[WALTERWALTER]

Originally Posted by diorgirl

This is but one aberration in the application of unemployment insurance regulations in New Jersey. As can be attested to by those who have followed the department over time, there are many more.

perhaps the employers are playing on the "good cause" clause, as they perhaps contrive a "good cause" for filing their appeal Late which apparently is permitted. Clearly a double standard as you point out, and NJ should look into applying these regulations fairly for all parties..not too much to ask, I would think....

[atagahi]

Well I got a benefit Overpayment billing statement today. I wonder if this means my request for a waiver of overpayment was denied? It doesn't mention anything about it in this billing statement but its been almost 3 weeks and I haven't heard from them.