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Old 12-05-2012, 01:34 PM
 
4 posts, read 7,259 times
Reputation: 10

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Before you assume this was due to my fault I can assure you it was not. Let me explain as briefly as I can.
I had wages from two states. Im not going to explain how/why. Just the facts.

When my 26 weeks of Pennsylvania benefits expired, I had to apply here in Texas because I can not get an extension if I qualify in another state. I applied here in Tx and was approved for like 1/2 of my benefit amt I was getting from Pa. So after a month passed and I get nothing, I called Tx to see where my first payment was. They said they made a mistake and I did not qualify. They put it on the WIC screen (national database) that I did not qualify.

Pa was then able to continue with my extension. 3 months go by, and last week I get a $200 deposit from Tx unemployment. I called them and they said it was because I DID qualify here and I should of been getting it all along.

Needless to say, Pa stopped my payments. Then Tx said I needed to go file for allllll the back weeks, since like Aug. I filed for everything at once and they gave the money back to Pa for payment.

Now, since I have no more money in my Tx account they told me I can continue my Pa extension BUT I now have an overpayment due to Pa since I should of been getting it here. None of this was my fault! I did nothing wrong.

Now Pa says I have a balance left on my account but will be garnishing a percentage to repay them. They WAS going to give me 4 weeks worth (since I last filed because of all this bs), but now say they want most of it! I said BS, make Tx pay you for their mistake NOT ME! They are the ones that said I was not eligible when I was! And if they wouldnt of taken 3 months to make a deposit, I would of caught it sooner! Pa never would of given me an extension if Tx didnt say I was NOt eligible. So let Tx pay for their mistake..not me.

Do I have to repay this money, if I did NOTHING wrong?

Thanks for any advice.

Last edited by dpazicni; 12-05-2012 at 03:02 PM..
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Old 12-05-2012, 04:20 PM
 
14,508 posts, read 29,287,666 times
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Unfortunately, yes, you have to pay it back. You can try to appeal the overpayment based on equity and good conscience though, and you should. With Dec 29 coming soon, the last thing you want is that overpayment hanging over your head to continue to interfer with potential future benefits.
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Old 12-05-2012, 04:30 PM
 
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Somehow that dont seem fair. But it is what it is. Thanks for the reply.

Im not sure how the Dec 29th reference is relevant? My benefits will expire that date anyway. Even if congress approves another extension, wont I only receive the remainder of my tier 2 benefits? Or would that mean another extension even after the tier 2 are gone like the end of Jan?

By the way how will the amount of my repayment to them be determined?

I was supposed to have a 4 week payment coming probably within 48 hours. So could they in fact take the whole thing, or a certain percentage? Don't I need to receive notice first, then appeal before they can start taking, or can that be immediate?
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Old 12-05-2012, 05:45 PM
 
14,508 posts, read 29,287,666 times
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The Dec 29th date has relevance because currently the state has your current benefits to withhold. After that date when you presumedly have no income, the state is going to start hounding you to pay them out of your savings, future earnings, or tax refunds which you probably don't have. It's bad enough to be out of work, but you don't want collection issues compounding your stress level so you want to appeal the overpayment. Also, if EUC is extended, you'll then be able to start collecting your full check again.

Your overpayment should be based on the difference between what you collected on EUC vs your lower TX award over the affected time period. Be sure to do your own math because if they are coming up with a higher number, you're going to want to say something.

In a perfect world, they're supposed to give you the opportunity to appeal first before shorting your UI checks. However, if they don't, you're pretty powerless to do anything about it unless you can afford an attorney, and even then the legal fees will most likely exceed your UI check so it's just not a cost-effective option, and there is no guarantee of success.
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Old 12-05-2012, 06:19 PM
 
234 posts, read 670,266 times
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if TX gave the money back to PA were there 2 different amounts? i can understand his point totally if he was not double paid but if he was double paid i don't see his point at all.

Quote:
Originally Posted by Chyvan View Post
Unfortunately, yes, you have to pay it back. You can try to appeal the overpayment based on equity and good conscience though, and you should. With Dec 29 coming soon, the last thing you want is that overpayment hanging over your head to continue to interfer with potential future benefits.
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Old 12-05-2012, 06:23 PM
 
Location: Wisconsin
25,077 posts, read 54,031,562 times
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Quote:
Originally Posted by dpazicni View Post
Im not sure how the Dec 29th reference is relevant? My benefits will expire that date anyway. Even if congress approves another extension, wont I only receive the remainder of my tier 2 benefits? Or would that mean another extension even after the tier 2 are gone like the end of Jan?
You will receive whatever PA is eligible to pay under the new legislation. Currently, PA is paying Tiers 2 and 3 (9 weeks). So, if the new legislation remains the same on tiers and triggers, you could receive another 9 weeks after you exhaust Tier 2.


Quote:
Originally Posted by dpazicni View Post
By the way how will the amount of my repayment to them be determined?

I was supposed to have a 4 week payment coming probably within 48 hours. So could they in fact take the whole thing, or a certain percentage? Don't I need to receive notice first, then appeal before they can start taking, or can that be immediate?
Quote:
Originally Posted by dpazicni View Post
Now Pa says I have a balance left on my account but will be garnishing a percentage to repay them. They WAS going to give me 4 weeks worth (since I last filed because of all this bs), but now say they want most of it!
If EUC wasn't expiring, it is possible PA might be more reasonable on the percentage they are demanding in repayment.

If legislation is not extended, you might then have recourse to apply for a no-fault hardship waiver on the balance due, since PA can't get water from a stone. For now, because the money is there, they appear to want most of it, per your posts above.

Hardship would be your basis for appeal on how and what you need to repay - either now, or later. But the circumstances do change, depending on the status of the legislation.
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Old 12-05-2012, 06:26 PM
 
Location: Wisconsin
25,077 posts, read 54,031,562 times
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Quote:
Originally Posted by around1999 View Post
if TX gave the money back to PA were there 2 different amounts? i can understand his point totally if he was not double paid but if he was double paid i don't see his point at all.
TX pays less than PA. Thus, TX paid PA less than what PA paid OP. Therefore, PA wants its money back.
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Old 12-05-2012, 06:57 PM
 
4 posts, read 7,259 times
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Quote:
Originally Posted by Ariadne22 View Post
TX pays less than PA. Thus, TX paid PA less than what PA paid OP. Therefore, PA wants its money back.

Exactly correct. To be even more precise, I was getting $540 a week in Pa. Tx rate was only $263. So you are correct, Pa. wants their over payment amount back. They say they have no choice to recover the over payment, as fed regulations force them to do so, regardless of the reason for the over payment.


I am going to just hope they wont garnish my checks until I have an opportunity to do the appeal. But I have a feeling they are going to take the 4 weeks I am owed, plus a percentage of my remaining weeks.

Oh well. I have had to learn to live with problems and stress. This will just be more. Im going to try even harder than I have been to get off unemp. all together.

Thank you all for the replies. Happy Holidays! I will update in a week or so in case anyone is interested.
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Old 12-05-2012, 07:16 PM
 
234 posts, read 670,266 times
Reputation: 42
i wish you well with it. its a tough spot to be put in.
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Old 12-05-2012, 07:29 PM
 
Location: Wisconsin
25,077 posts, read 54,031,562 times
Reputation: 22009
Quote:
Originally Posted by dpazicni View Post
Pa. wants their over payment amount back. They say they have no choice to recover the over payment, as fed regulations force them to do so, regardless of the reason for the over payment.
Ah, yes. It may be that since this is federal money, a hardship waiver wouldn't apply - except as a very last resort for PA to write this off. The feds won't come after you. PA does.

Yes, keep us updated. Good luck.
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