SC Code of Laws 12-56-10

[mcdo]

What is the name of your state (only U.S. law)? SC

How do I "Seek Request For Waiver Of Overpayment Recovery?

Is an Attorney that handles employment issues the way to go?

I received an Outstanding Balance letter for overpayment of South Carolina unemployment benefits from 2007.

I received benefits until I found employment in another State.

I read that I can challenge this under SECTION 41-41-40.

(B)(1) A person who is overpaid any amounts as benefits under Chapters 27 through 41 is liable to repay those amounts, except as otherwise provided by this subsection.

(2) Upon written request by the person submitted to the commission within the statutory appeal period from the issuance of the determination of overpayment, the commission may waive repayment if the commission finds that the:

(a) overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the person;

(b) overpayment was received without fault on the part of the person; and

(c) recovery of the overpayment from the person would be contrary to equity and good conscience.

I want to know what you think.

 

[justalayman]

I want to know what you think.

I think you never said why there was an over payment. Due to that, there is no way for us to determine if you have a shot at getting the overage waived or not.

 

[OHRoadwarrior]

If you can afford an attorney, you can afford the repayment. Unless God deemed you special, on what grounds do you feel you don't need to repay? I note you did not tell us why they want repayment.

 

[commentator]

I agree you are way overworking this idea of an appeal. You received a notice of overpayment. You were notified in this notice that you have the right to appeal. Did you submit your request to appeal the overpayment during the time allotted for you do so? If you did, then either you or an attorney representing you can appear at this appeal hearing and try to explain why you are not overpaid.

Though why you think having an attorney would help you is a mystery to me, you're not going to be arguing case law with them, you're going to be explaining where you were and how much you worked, and why you were not, if you claim not, overpaid. Knowing fully that no amount of brilliant argument is going to overcome the actual payroll records of all the places where you worked, when you began working there and exactly how much unemployment you were paid during that period, all of which information they have access to.

If you were paid under the table, they may interview witnesses, or in other ways determine that you were actually working, though the money was not paid through payroll records.

So if you did get overpaid, the best thing to do is deal with it and try to make it right, not hire an attorney and try to fight the determination of overpayment. What argument are you planning to use? If you were actually shown overpaid in error, that you received your benefits appropriately, then you should be able to show them this without having to have some great legal mind bringing in your check stubs for you.

They will in most cases allow you to set up a payment program over a period of time. They in most cases do not press criminal charges or make you pay huge penalties, though they very well may do this if you try to fight them too diligently and cause them a lot of trouble, or if you ignore their letters and notices to you.

Most of that big statute you quoted to us relates to what they call a non-fraud overpayment. Say for example you were approved, began to receive benefits, and then your employer appealed the decision and got it overturned. You would stop getting benefits, and you would be overpaid, but it would be a non fault overpayment.

But if you as you say, "continued to draw benefits until I was employed in another state" that may or may not have been a fraud overpayment. You just need to talk to them and determine what they're talking about.

 

[mcdo]

Thank you "commentator" for the great reply.

I will figure out how to fight this without an attorney.