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Old 01-09-2012, 04:47 PM
11 posts, read 44,369 times
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I am a NC citizen and was charged with an overpayment of unemployment last year. Several months ago I asked for a waiver of overpayment because of financial difficulties and I just got a paper in the mail saying I will have a phone hearing next week. I am not sure how to prepare for something like this. Do I just tell them that I still do not have a job and they take that into consideration and make their decision, or will they want more information? They did send me copies of records showing why they feel I was overpaid (which I do not disbute) but they did not send me any list telling what they might want me to have on hand. I really hate going into any situation unprepared.
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Old 01-09-2012, 09:12 PM
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This is a two part problem. First, to get a waiver, the overpayment can't be fraud. Example, the state would have to have made the mistake or because everything you said was true. Second, overpayments can only be waived where recovering the funds would be "against good conscience."

You'll need to use scholar.google.com and try to find case law on what NC finds to be "against good conscience." This things regularly happen with unemployment and welfare benefits (TANF & Nutritional Assistance).

Personally, no matter whether you agreed with their initial determination or not, you file an appeal no matter what because at the very minimum it delays the state's ability to collect from you. You lost at least 9 months or more to start having to pay it back. You just do the reverse and force the state through the system and they make mistakes too.
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