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Unemployment Blunder

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Daylan

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

I live and work in NH. In 2008 I filed a claim agianst an employer, (Company 1), for unemployment benefits of which I received benefits from. Through an appeal that employer won his case against my claim and it was determined I received benefits I was not entitled to and had to now pay back in the amount of $822.00. I made a payment arragement with Department of Unemployment and began to pay back the monies. I did not dispute the judgement.

Later in 2009, I became unemployed again from ANOTHER company, (Company 2) due to their closing down and I filed for benefits against them of which I was determined to be eligible. I received 15 weeks of payments and made 15 payments out of those checks automatically through unemployment to repay the past amount I owed thus reducing the previous overpayment amount weekly.

In September, NH Unemployemnt went through some computer changes and it kicked back some errors with my account. It was discovered that when I filed my new claim with, (Company 2); they inadvertantly included monies I had earned from the previous company, (Company 1) in caluculating my eleigibility benefit amount for my claim with Company 2.

I had already been determined to not be eligible for any of those monies earned by Company 1 and had a payment arrangement in affect to pay them back! Now this means the benefit amount I was already determined eligible for with Company 2 was now calculated in error and they are telling me I am liable to pay them all monies back in total of an additional $885.00 over the original $822.00!! Can they do this to me? How is it my fault they miscalculated my benefits when they had a payment arrangement the whole time to pay back the benefits I wasn't eligible for? Why would it be my fault they pay me based on that ineligible income? How can I win this case against the State? I plan to appeal their decision obviously...
 
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Zigner

Senior Member, Non-Attorney
Let me nut-shell this one:

OP received unemployment benefits he was not entitled to. OP wants to know how he can avoid repaying said benefits.


OP - you owe the money.



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

I live and work in NH. In 2008 I filed a claim agianst an employer, (Company 1), for unemployment benefits of which I received benefits from. Through an appeal that employer won his case against my claim and it was determined I received benefits I was not entitled to and had to now pay back in the amount of $822.00. I made a payment arragement with Department of Unemployment and began to pay back the monies. I did not dispute the judgement.

Later in 2009, I became unemployed again from ANOTHER company, (Company 2) due to their closing down and I filed for benefits against them of which I was determined to be eligible. I received 15 weeks of payments and made 15 payments out of those checks automatically through unemployment to repay the past amount I owed thus reducing the previous overpayment amount weekly.

In September, NH Unemployemnt went through some computer changes and it kicked back some errors with my account. It was discovered that when I filed my new claim with, (Company 2); they inadvertantly included monies I had earned from the previous company, (Company 1) in caluculating my eleigibility benefit amount for my claim with Company 2.

I had already been determined to not be eligible for any of those monies earned by Company 1 and had a payment arrangement in affect to pay them back! Now this means the benefit amount I was already determined eligible for with Company 2 was now calculated in error and they are telling me I am liable to pay them all monies back in total of an additional $885.00 over the original $822.00!! Can they do this to me? How is it my fault they miscalculated my benefits when they had a payment arrangement the whole time to pay back the benefits I wasn't eligible for? Why would it be my fault they pay me based on that ineligible income? How can I win this case against the State? I plan to appeal their decision obviously...
 

Daylan

Junior Member
Keep in mind I WAS told I WAS eligible to receive this benefit amount prior to the checks arriving...Unaware of how they calculated it since I don't work there, I trusted they would only use income that was eligible to determine my weekly benefit amount when they sent me the approval letter and amount I was told I was eligible for...

Please state the basis for your opinion...thank you.
 

cbg

I'm a Northern Girl
Got a lot of demands for someone who is looking for volunteers to provide you with their expertise for free, don't you?
 

Isis1

Senior Member
okay..i've read and re-read.

OP, you owe that money back. doesn't matter. yes, it was a mistake. but you do NOT get to benefit from that mistake. it doesn't matter if you knew or not.
 

commentator

Senior Member
This person only wants to talk to experts in NH unemployment law. Regular experts won't do. One place such people are found. Working in NH.

Unemployment claims are for a fixed amount, to be doled out at so much per week. If your claim was paid in different increments, due to their error, and you received more of it during the first 15 weeks than you really should have been getting, this does not mean you don't get all the money from your claim that you are entitled to. But it does mean that when you have reached the amount you are supposed to get on this newly calculated claim, they won't give you any more. They'll recoup this money you were paid ahead, though it was their error that paid it in this manner. So sue them? Can't do it.
 

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