Overpayment of Unemployment Benefits: What to do?

Received a notice from your state unemployment office that you were overpaid in your benefits? Take a deep breath and read this guide on what is your next step to fixing this problem. You may or may not be awarded with unemployment benefits, when you lose your job at no fault of your own. These unemployment benefits will be here to help you pay your bills such as your rent/mortgage, utilities, and food while you are trying to locate your next job.

Once you get your next job and have a paycheck coming in, you may be thinking if you will need to pay back these unemployment benefits that you lived on for a while.

Well, there is good news for you, you will NOT be required to pay back your unemployment benefits unless they paid you in error or you committed fraud.

Overpayment of Unemployment Benefits

Yes, as we mentioned above, the only time you will be REQUIRED to pay back your unemployment benefits, if they paid you in error. This will also go for overpayments as well. You are 100-percent correct; you will be required to pay back your overpayments because of THEIR errors.

However, you are probably wondering how in the world can such an entity make an error? First and foremost, we are all humans. But another reason for this error to have happened was your former employer finally contested your unemployment claim successfully.

Now, if that was the case, the state in which you reside would have concluded that you were NOT eligible for unemployment benefits. Which in return, would require you to pay back the unemployment benefits that was not legally yours.

How I will be Notified About Unemployment Overpayment in Nevada?

Typically, you will be notified by the DETR Nevada unemployment office by mail that you have received an overpayment of your unemployment benefits.

In this notice that you will receive, you will get the reason, which leads to this overpayment of unemployment benefits, how much you owe, if there are penalties associated with this, information and resources on how to appeal, along with vital instruction on how to pay the balance you currently have.

Waivers & Appeals

If you are certain that this notice you have received in the mail is not accurate whatsoever, you have full legal rights to appeal this decision.

If you were in fact overpaid from the unemployment office, you can ask your state unemployment office for a waiver. This waiver may be able to help you avoid paying your full or partial balance of the benefits you received. In many cases, you will have to provide documentation of financial hardship for you to obtain the waver or even to start a payment plan with the state unemployment office.

However, in the state of Nevada, you will have the opportunity to sit down for a hearing after you file your appeal. The hearing is just going to be one of the informal proceedings that is held by the administrative law judge. The administrative law judge will go over all the evidence that is given during the hearing. Then the administrative law judge will have to make the decision if you were entitled to these unemployment benefits or if he sides with the office and it was given to by error.

For this appeal process, it will be best to get in contact with an attorney to help you make sure you have all the correct documentation that proves that you were entitled to your unemployment benefits.