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Old 03-12-2010, 07:10 PM
 
Location: SE Florida
9,367 posts, read 24,399,310 times
Reputation: 9435

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A friend received a notice last week stating that he owed over $400 BC he was overpaid. He is following the directions for the appeal, but has this happened to anyone?

How could he have been overpaid? And how can he be expected to return the money when he has no income?

Has anyone gone through this? What is involved in the appeal process?

ETA- he began collecting sometime in January, 2009.

Last edited by Magnolia Bloom; 03-12-2010 at 07:24 PM..
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Old 03-13-2010, 10:57 PM
 
Location: Wisconsin
25,086 posts, read 54,043,820 times
Reputation: 22024
Quote:
Originally Posted by Magnolia Bloom View Post
A friend received a notice last week stating that he owed over $400 BC he was overpaid. He is following the directions for the appeal, but has this happened to anyone?

How could he have been overpaid? And how can he be expected to return the money when he has no income?

Has anyone gone through this? What is involved in the appeal process?

ETA- he began collecting sometime in January, 2009.
There could be a few reasons why he owes this money. He didn't report part-time wages and it has now turned up in the system on a 1099 or W-2 from 2009, or he received some other type of compensation not reported that has turned up in their cross check of his SS number against income reported to the government.

If he is still collecting benefits, he needs to call to find out 1) why he owes this money and 2) if they can deduct the amount owed from his future benefits - possibly $50/wk until paid. The collection arm of the unemployment division in your state should be equipped to handle this. Repayment arrangements against future benefits is done routinely in my state.

An appeal process can take months - schedule a hearing date, hearing, decision. In the interim, benefits are often withheld. If he is qualified to collect for 99 weeks, in my opinion, an appeal which will result in a lengthy delay until of resumption of benefits, is not worth the stress of the benefits being withheld for what will be months. If he is not collecting now, then the time delay is of no matter.

If he has no future benefits and no income and the hearing upholds the original determination, depending on your state, there will be a lien filed and possibly garnishment of future wages.
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Old 03-14-2010, 08:22 AM
 
Location: SE Florida
9,367 posts, read 24,399,310 times
Reputation: 9435
Thanks for the information, especially about calling before filing the appeal. He only had a certain number of days to file the appeal, so hopefully he will be able to reach live humans on the phone to get the preliminary answers to his questions.

The sad thing is, his car has died and he owns nothing. Garnishing future wages- good grief, that would be a real motivator for him.....
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