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Unemployment Benefit Overpayments
UI benefits overpayments occur when the state determines that you have been receiving benefits but were not eligible at the time of receipt. This can occur for a number of reasons, however most commonly overpayments are found through an audit of your benefit account. DEED has the authority to audit your benefit account randomly and dating back to the time of your benefit application. Audits may reveal that you earned income that was not reported, or that your base period wages were corrected, or that your application was considered fraudulent.
Overpayments can result in large amounts of money being owed, and under law these amounts must be repaid to the UI Program. If you are sent a notice of overpayment, it is in your best interest to contact an unemployment lawyer as soon as possible to discuss your options. You have the right to appeal an overpayment determination, however appealing an overpayment does not delay or stay DEED’s demand for payment through monthly billing.
Whether your overpayment is considered non-fraud or fraudulently obtained can significantly increase the severity of the situation. Overpayments classified as non-fraud may be recouped through deduction of future UI benefit payments, however DEED may also require you to enter into a suitable payment plan.
Fraud in the unemployment context is defined as knowingly misstating, misrepresenting, or failing to disclose any material fact, or making a false statement or representation without a good faith belief as to its correctness relating to your application and requests for benefits. Overpayments determined to be obtained as a result of fraud are subject by law to steep penalties and interest assessments in addition to the overpaid amount which must be repaid in full. Additionally, a fraud determination means you can no longer collect benefits until the amount is repaid.
There is no waiver permitted under Minnesota law for overpayments in the event of financial hardship. The UI Program may require you to enter into a suitable payment plan for recoupment of the overpayments. Failure to enter such a plan may subject you to collections actions for the overpayment amount including wage garnishment and tax return intercepts.
If you have received a notice of overpayment or a fraud determination on your UI benefit account, you do have the right to appeal. Appeals must be filed within 20 days from the date of that determination. Appeals for fraud determinations follow the same appeals process for eligibility determinations. Given the serious penalties that must be assessed against fraudulently obtained benefit overpayments, applicants should strongly consider contacting an unemployment attorney to discuss their options. Listug Law Office is available to consult on your rights to appeal an overpayment determination.
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Fraud v. Non-Fraud Overpayments
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