UI: Overpayments

A sample letter requesting a waiver of overpayment of unemployment insurance. Advocate: Brian Flynn,, GBLS 

Federal Requirements to Protect Individual Rights in State Unemployment Compensation Overpayment Prevention and Recovery Procedures. Click the "Go to Website" link below to download the letter from DOL's website.

Where a claimant’s household does not have sufficient income to meet the family’s ordinary and necessary living expenses, the Board has determined that, “as a matter of law,” the claimant has satisfied the burden of proving that recovery of the overpayment would defeat the…

Case alleged that DUA had a pattern and practice of alleging -- with no evidentiary basis whatsoever -- that claimants had misrepresented a material fact or facts in applying for UI. In nearly all these cases, a redetermination was conducted at the employer's request, following which the…

Where claimant's expenses exceeded her and husband's income, recovery of the overpayment would defeat the purpose of the program. This case had to go up to court even though DET conceded that claimant was without fault. Advocate: Leonor Suarez & Nancy Rae, GBLS

Women's shelter employee went on partial leave of absence for health reasons, then had to stop working that job even part-time. Employer suggested she take a full LOA. She qualified for UI but then DET redetermined her eligibility and found she quit without good cause. BOR reversed, finding that…