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Unemployment overpayment

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USA1

Junior Member
What is the name of your state (only U.S. law)? MN. Hello everyone. I am looking for some advise. I have a disability and was releaved of my job (at a Walmart no less. A letter from the home office said they would NOT accomidate me with my restrictions) as I could no longer do the current job according to them. I applied for unemployment and received such and filled out applications. I did NOT receive disability when I was on unemployment and actively looking for work. I had 1 interview in 2+ years. I signed up for Vocational Rehabilitation and they said to apply for disability as no one will hire you. I did and won on appeal at a disability hearing. They awarded back pay which I didn't know they were going to do, so I paid off all CC, dr bills, dentist, fuel bills, etc. Now MN Unemployment wants me to pay back $6101. I have to live on $924 a month and no way, shape or form can pay this back. My wife got her hours cut to 15 per week. I sent in an application to a referral service today as the response I received from an attorney here was that it should be waived due to hardship and potential bankruptcy. I just feel I can't get ahead, I can't even keep up. I've probably spent about $40,000 of my own money on dr bills, surgeries and meds. I am just flat broke and have nothing left to pay on it. Can anyone offer some advise as to if trying to get it waived is a good idea? Thank You in advance.
 
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swalsh411

Senior Member
Unemployment is not needs-based and I am not aware of any state that has a procedure for trying to "waive" an overpayment. Your financial hardships, while unfortunate, are not relevant in terms of your eligibility for benefits.

I do have to question though why you think you were entitled to benefits when it appears as though you were not able to work and were on disability. Did you ever get a doctors letter clearing you to go back to work? Did you certify each week that you were able to work when you were in fact not able due to your medical condition? Unemployment is only supposed to be paid to those able and available to work. Is this the reason they are telling you that you have to repay benefits?

Were there appeal instructions included with the determination letter you received? Have you appealed? Be sure to do it on time because those deadlines are inflexible.
 

USA1

Junior Member
Mn statute does indeed have an ability to waive overpayments based on financial hardships or potential bankruptcy (268.18, subd 4, section C) I will clarify I did NOT receive disability while collecting unemployment (it was back dated by SS, which I was unaware they would do) I was willing and able to work WITH restrictions. MN unemployment states that you can receive unemployment while getting disability. They will request a 50% reduction on authorized amount, but this can only be applied to SSDI, not SSI, which most of my BACK pay was. I applied for disability almost 3 years AFTER being fired (home office would not allow me to work there with restrictions, and would not allow me to work elsewhere in the store). I was willing and able to work, WITH restrictions, so I applied at jobs. After i signed up for workers rehabilitation, they informed me to apply for disability. I received disability shortly after, as the judge (which was aware of the unemployment as was SS, as was unemployment aware I applied for disability). MN unemployment (Minnesota Unemployment Insurance (UI)) states that unemployment is unaffected if person is receiving SSI (based on financial need-assets) which most of the back pay was. Only SSDI affects unemployment in MN, therefore the overpayment. I did not feel I was entitled as you asked, as I did NOT receive the disability while looking for work and getting unemployment. It was back dated by the judge, which knew I was on unemployment during that time, and I did NOT know they would do. They have all my records as I gave them all the information, as does unemployment. MN statute also states, incase anyone is wondering, that if you are on disability and working (can earn up to $980 per month) and get fired, you are entitled to 100% of authorized unemployment benefits. I would still rather work, but employers are not to willing to employ those with medical disabilitys, and going thru all the emergency surgeries, meds, dr bills, not to mention pain, to earn 1/3 of what I earned while working, certainly is not for fun.
 
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