Unemployment overpayment

[Birding]

What is the name of your state? Ohio
Can someone tell more about how to handle unemployment overpayment?

 

[quincy]

What is the name of your state? Ohio
Can someone tell more about how to handle unemployment overpayment?

Here is a link on repaying overpayments from Ohio’s Office of Unemployment Insurance Operations:

https://jfs.ohio.gov/ouio/RepayOverpayment.stm

 

[quincy]

If the State is already pursuing collection activity, you will want to contact the number listed in the link I provided to work out a payment arrangement. The State will work with you to schedule payments that fit your budget.

 

[Just Blue]

What is the name of your state? Ohio
Can someone tell more about how to handle unemployment overpayment?

I would start by giving them a call.

https://jfs.ohio.gov/ouio/index.stm

Make sure you don't spend the overpayment.



ETA:

sigh...

Must remember to read the whole thread before posting already posted information.

 

[quincy]

Depending on the amount involved, speaking with an attorney prior to contacting the State might be smart.

Birding will want to be careful when talking with the State. S/he does not want to agree to any payment arrangement that cannot realistically be met.

 

[Birding]

Will every or common attorney be ok or there is specialized attorneys in this area of concern

 

[quincy]

Will every or common attorney be ok or there is specialized attorneys in this area of concern

There are attorneys who specialize in debt collection.

How much does the State say you owe?

 

[commentator]

You do not need an attorney to deal with an overpayment of unemployment benefits. Especially not if they are just now contacting you about it. An attorney cannot do anything to help you, and even if it was a blatant fraud overpayment, there is no wiggle room, or negotiation room, or any way an attorney can help you until you are actually sent to the DA for charges to be pressed against you, and they do that only in the very very smallest of numbers of actual cases. If that happens, you do need an attorney. But it isn't very likely.

The system deals with myriads of frauds regularly. They do not prosecute every one, if they did, there would be no room for other cases in court! And they can see exactly what happened, except in some extreme cases of large scale frauds, it's just one person who fudged a little and thought they'd get by with it. So In dealing with the agency, don't try to tell them a bunch of sympathy tales, or that you "don't have a clue" how this all happened.

They know people do this all the time, and they're not impressed by your stores or your quoting law to them, but probably they're not interested in pressing criminal charges against you. Especially if you contact them, and work out something with them about repaying the overpayment. If you are very very financially strained right now, you can request a waiver of overpayment. If this happens, you will be required to provide very detailed financial information. DO NOT LIE. They will follow up and verify this information.

As has been mentioned above, work with them, do not avoid them. And do not over promise. It is better to set up small repayments and meet them than offer a large settlement and then not be able to come up with it. Simple and brief, they just want their money back.

 

[quincy]

You do not need an attorney to deal with an overpayment of unemployment. Especially not if they are just now contacting you about it. An attorney cannot do anything to help you, and even if it was a blatant fraud overpayment, there is no wiggle room, or negotiation room, or any way an attorney can help you until you are actually sent to the DA for charges to be pressed against you, and they do that only in the very very smallest of numbers of actual cases. If that happens, you do need an attorney. But it isn't very likely.

The system deals with myriads of frauds regularly. They do not prosecute every one, if they did, there would be no room for other cases in court! And they can see exactly what happened, except in extreme cases of large scale frauds. In dealing with the agency, don't try to tell them a bunch of sympathy tales, or that you "don't have a clue" how this all happened.

They know people do this all the time, they're not impressed, but probably they're not tinterested in pressing criminal charges against you. Especially if you contact them, and work out something with them about repaying the overpayment. If you are very very financially strained right now, you can request a waiver of overpayment. If this happens, you will be required to provide very detailed financial information. DO NOT LIE.
B

The reason for an attorney - and I agree one is not necessary - is to have someone speak for you so you don’t say something you may regret later.

If a person is looking for a payment arrangement, they do not want to make their financial situation sound rosier than it is. Many people don’t like admitting they are poor, for example, and will inadvertently inflate their assets.

 

[commentator]

Quincy, I respectfully disagree on this, simply because when you are talking to the fraud unit, there is no way you can improve your situation by having an attorney. If anything, it makes you appear guilty-er, and more financially stable than you might otherwise appear. And it surely isn't worth your money unless you can use the free legal services that are provided. And most of the time, unless a person is very limited in their communication skills, everything can be worked out between the individual and the agency representative. It is pretty cut and dried what the person has done and how many times he has done it, and what the overpayment amount is, and what the prescribed penalties (if assessed) will be.

Believe me, when a person is contacted about unemployment fraud, they aren't about to start taking about how rosy their situation is, they're more likely to tell you they did it because their children were starving. Poor mouthing was something we heard a lot of! But people were sometimes so frightened that they did sort of dumb things, like put the whole balance on a credit card. This just is unnecessary expense.

We don't know exactly where this person is in the overpayment process, but unless they are on the way to criminal court, I'd caution them to wait and try to reach some sort of agreement with the agency representatives. They're actually quite used to dealing with people who are not well off, because mostly, they're unemployed! An attorney usually isn't interested in working in the field of unemployment because frankly, there's just not much money to be made there, and the situations are just very cut and dried.

 

[quincy]

Quincy, I respectfully disagree on this, simply because when you are talking to the fraud unit, there is no way you can improve your situation by having an attorney. If anything, it makes you appear guilty-er, and more financially stable than you might otherwise appear. And it surely isn't worth your money unless you can use the free legal services that are provided. And most of the time, unless a person is very limited in their communication skills, everything can be worked out between the individual and the agency representative. It is pretty cut and dried what the person has done and how many times he has done it, and what the overpayment amount is, and what the prescribed penalties (if assessed) will be.

Believe me, when a person is contacted about unemployment fraud, they aren't about to start taking about how rosy their situation is, they're more likely to tell you they did it because their children were starving. Poor mouthing was something we heard a lot of! But people were sometimes so frightened that they did sort of dumb things, like put the whole balance on a credit card. This just is unnecessary expense.

We don't know exactly where this person is in the overpayment process, but unless they are on the way to criminal court, I'd caution them to wait and try to reach some sort of agreement with the agency representatives. They're actually quite used to dealing with people who are not well off, because mostly, they're unemployed! An attorney usually isn't interested in working in the field of unemployment because frankly, there's just not much money to be made there, and the situations are just very cut and dried.

You will not be talking to a fraud investigator. The overpayments (generally) are not fraudulent.

What has been described is a debt collection activity by the State.

 

[Birding]

They said they made a mistake when they were making the determination because their systems were overwhelmed.

 

[PayrollHRGuy]

They said they made a mistake when they were making the determination because their systems were overwhelmed.

Great that means there is no fraud. Pay them back and all will be well.

 

[quincy]

They said they made a mistake when they were making the determination because their systems were overwhelmed.

I think that has been a rather common problem in more states than Ohio. The additional unemployment benefits offered recipients as a result of Covid-19 aid to the states has overwhelmed and confused many state systems.

I would not be too concerned about the notifications you have received. I suggest you simply follow the instructions provided by the State to make the repayment, this if you were actually overpaid.

If you dispute the amount of overpayment, this can be brought to the attention of the official you speak to when calling to work out a payment arrangement - or, as said earlier, you could have an attorney assist you.

If the amount owed is minimal and the cost of an attorney hard to justify, you could find low-cost or free legal help at a legal aid clinic in your area.

Good luck.