Overpayment of unemployment bebnifits...?

[Hayden78]

Hello, I am in Massachusetts.


I was told that unemployment overpaid me by $498.00. This confuses me because initially I was approved for it.

This all came about when I received a telephone call by a rather rude individual.I had explained to the woman that I had left a job for another due to lack of hours available to me. A month after leaving I went back to this job, due to my employer running off with money he owed me. Anyway, after going back to this job I was laid off 3 weeks later. My employer told me to go ahead and collect until he had work for me, sop I did. This lasted approx. 2 weeks, then I got the call. After the interview the person told me she'd send me a letter with her decision. Well it was clear to me she already made up her mind. I then received the letter stating I was not eligible for unemployment benefits... What really confuses me here is that the lady sent me a letter quoting me word-for-word of what I told her... but... she left out the fact that I was laid off. She had made it sound as though I quit my job and tried to collect. How is it my fault that they overpaid me the $498.00? I just talked to a man who tells me there was in fact an error on THEIR part. So now I owe them the $498.00.

I just do not understand why I have to pay for THEIR error. As I prevision stated, the person who interviewed me on the telephone had left out the fact I told her I was laid off. Also, my employer had faxed them a letter I wrote to him about all this, and he FULLY agreed that I was laid off. So it looks as though the woman I initially spoke to made a mistake, whether it was purposely done or not, I haven't a clue. But she DID give a false report, by stating I claimed to have told her that I quit my job. I am fully aware it is unlawful to claim benefits if I quit my job. This is ridiculous. Am I to understand now that I must go to some hearing and miss work, the little work I can get, to fix THEIR error?

Also, I just got a letter claiming that I have to pay taxes for $1,842.00

I did read however that anything $2,400 and below is not to be taxed, can someone confirm this?


In closing: I am sorry if this is at all confusing for you all, it is very confusing to me.

 

[swalsh411]

It sounds like they determined you didn't make enough money at your second job so they had to look at why you left your job before that one, and since you quit, you are not eligible for benefits. It is possible the person who made that decision was confused about the facts but you will be given an opportunity to present them at the appeal.

The first $2,400 in UI benefits received in 2009 is not taxable. The 1099-G just shows the payments you got. It is not a determination of taxability.

At the appeal do not bring up that you feel the person who called you was rude or you think they already made up their mind. It is irrelevant and won't help the decision go in your favor. Also don't harp on the fact that you were already approved for benefits so you don't believe it's fair that you should have to repay them. What you personally think is fair is of no consequence. The examiner is already aware that you received benefits otherwise there would not be a hearing about repayment.

 

[Hayden78]

It sounds like they determined you didn't make enough money at your second job so they had to look at why you left your job before that one, and since you quit, you are not eligible for benefits. It is possible the person who made that decision was confused about the facts but you will be given an opportunity to present them at the appeal.

The first $2,400 in UI benefits received in 2009 is not taxable. The 1099-G just shows the payments you got. It is not a determination of taxability.

At the appeal do not bring up that you feel the person who called you was rude or you think they already made up their mind. It is irrelevant and won't help the decision go in your favor. Also don't harp on the fact that you were already approved for benefits so you don't believe it's fair that you should have to repay them. What you personally think is fair is of no consequence. The examiner is already aware that you received benefits otherwise there would not be a hearing about repayment.

Thanks for the reply. I asked about the 1099-G because it says, and I quote:

"Box 1: The total MA Unemployment Compensation paid to you this year by the DUA. This amount is taxable income to you" Box 1 is where it shows the amount given.

What I am confused about is how they seem to believe that I received $1,842 in the total of 2 weeks that I collected. The story was switched a couple times. First they claim that I was not able to collect because I "quit my job". When in fact I was laid off. This information was also supplied to them from my ex-employer. Then they claim it was because I was not working long enough for the company, when I went back. Now I hear from someone that I must pay back because they made a mistake? Well perhaps maybe they ought to take responsibility, just as I would be expected to had I made a mistake. Yes I know how things go, and no system is perfect. However, we should ALL be held accountable. And not be let off because 'the system is just so big mistakes are bound to happen'. They are giving me no other choice but to take a day off from work, which is VERY limited in my area, to explain to them why they are wrong. Not to mention I will have to have someone there who actually knows the laws. Because let's face it, you'd have to be a moron to go into the lions den without some kind of protection. Either way, they won't get a cent from me.

As for the person being rude not being relevant? Well, I believe it is. Because people tend to base their decisions off emotion- not matter how 'professional' they believe themselves to be. Having said that, how she treated me was very much wrong. And I only bring that up because, once again, the way she felt that day MAY or MAY NOT have effected her ability to properly understand what I told her, thus effecting the outcome.

To hell with them. Let them bring me to court. I refuse to submit to this b.s..

I did nothing wrong and will not miss a day of work because of it. Call me unreasonable, but they have screwed with me enough.

 

[swalsh411]

Those are just the boiler plate instructions that print on every 1099-G. As I stated, the first $2,400 in UI benefits received in 2009 are not taxable. (at least for Federal; not sure about every state).

If you don't agree with the total on the 1099, ask for a detailed breakdown of payment dates and amounts.

If you don't go to the hearing I can almost guarantee that you will lose in absentia and then your wages will probably be garnished. Then you will probably complain to anybody who will listen that you were screwed by the system conveniently leaving out that fact you abandoned your chance to present your side. Like it or not, this is how it works and what you agree to when you apply for benefits. The same rules apply to everybody. If you don't like it, speak to your representative about reform. What you shouldn't do is refuse to participate because really you're only hurting yourself.

If you were in fact laid off but your employer reported that you quit, you will have the opportunity to dispute this at the hearing. If you don't attend the hearing they will assume you agree with all the findings of facts and you will not get another opportunity.

If you quit employer A to work at employer B, and then are laid off at employer B, even though no fault of your own, you may still be ineligible for benefits if you didn't earn enough at employer B. But if you left employer B because you weren't getting paid (which is a valid reason to quit) to return to employer A and then were laid off from employer A, I'm really not sure what happens in that case.

Either way, they won't get a cent from me.

Yes they will if you lose.

her ability to properly understand what I told her, thus effecting the outcome.

If you're correct in that this person's rudeness negatively impacted the decision then you are only validating that rudeness by refusing to attend the hearing and present the truth.

 

[commentator]

This O.P. is being classic STUPID STUBBORN. The unemployment system is not personal. The supposed rudeness of one person who gave you information or took information from you is not relevant to your eligiblity or ineligibility.

It sounds as though you talked to an ajudicator, who as swalsh said, determined you lacked sufficient earnings to claim the second series of employment with this company as your last employer. The reason for leaving the job went back to the previous occasion, which you quit. When you filed your claim, did you have a check stub or proof of how much you had made after going back to work for him before you were laid off? Do you have that now? They may have failed to pick up on the fact that these were the same employer. It is a bit confusing.

It's not an error if you were asked to provide proof of earnings and didn't have proof, they would have decided against you and said you were overpaid. It sounds like the ajudicator did make that decision. Then when you got your notice you might have talked to the second unemployment guy on the phone and said, "But I'd made over $7000 the last time I worked for this same employer, and then he laid me off!" and he said something like, "Well, gee, if that's the case then it sounds like we may have made an error with that decision. What you need to do is appeal it."

What do you think, they should have taken your word on the phone, said "Gosh, you're right, I'll just take this off your record on your word and change this legal decision, and we're going to send you some flowers to make up for your emotional stress."?

You received paper information with each step in the decision/overpayment process. The information tells you how to appeal, that you must appeal timely, and you must attend the appeals hearing and present your case in order to correct a decision you disagree with. If you are the one appealing, can't you request a telephone hearing? This could be scheduled at your lunch hour or some time when you are off work.

If you choose not to do this, to thumb your nose at the system which is providing you an appeal for this decision you believe to be wrong --remember, the legal decision has been made that it ISN'T wrong at this point, then you have no one to blame but yourself.

What will happen is that the next time you are laid off, you will file for benefits, and they'll say, we're sorry, there's an overpayment on your record for $498. (If they haven't already garnished your wages for this money.) Then try ranting and raving to them about how they made a mistake, and you refused to go through the appeal process to get this fixed when you had the opportunity. See if that keeps them from taking this money before you get any more unemployment.

 

[foffice]

foffice

I keep reading different things about overpayments and unemployment. I am also caught in that situation. I do not understand how they can say I am at fault for the overpayment. I told them all the information that they asked for, and told the truth about everything. When I filed, they did not schedule me a hearing, I even asked if I would have a hearing and was told no due to the fact that it did not matter what my past employer had to say as I had left him employment to take another job.
I have just sent in a request for a appeal, and the day after I sent the request the state sent me a paper telling me where to send my payments.
This is by no means right, and I really do not understand how it can even be legal.But I do not have the means to hire a lawyer so I am going to try to fight this alone. I am afraid I will not win and I will end up paying back alot of money. Even if I did not meet all areas needed to file unemployment, and even if I should not have gotten any money...how in the world is it my fault when I did not hold any information from them, nor did I tell any false information to them, so how in the world can they say it is my fault??....They made the decision to pay me.....they did not have a hearing to decide.....???? I sure hope this works out to my favor, but am not so sure it will. I feel if I could hire a lawyer maybe it would be ok.

 

[Betty]

I keep reading different things about overpayments and unemployment. I am also caught in that situation. I do not understand how they can say I am at fault for the overpayment. I told them all the information that they asked for, and told the truth about everything. When I filed, they did not schedule me a hearing, I even asked if I would have a hearing and was told no due to the fact that it did not matter what my past employer had to say as I had left him employment to take another job.
I have just sent in a request for a appeal, and the day after I sent the request the state sent me a paper telling me where to send my payments.
This is by no means right, and I really do not understand how it can even be legal.But I do not have the means to hire a lawyer so I am going to try to fight this alone. I am afraid I will not win and I will end up paying back alot of money. Even if I did not meet all areas needed to file unemployment, and even if I should not have gotten any money...how in the world is it my fault when I did not hold any information from them, nor did I tell any false information to them, so how in the world can they say it is my fault??....They made the decision to pay me.....they did not have a hearing to decide.....???? I sure hope this works out to my favor, but am not so sure it will. I feel if I could hire a lawyer maybe it would be ok.

foffice, you posted to another poster's old thread from 2-2010. If you have a question, please start your own new thread. Thanks.