Overpayment Waiver and Appeal Process
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What is a Waiver Request?

A waiver request is a request to be forgiven for an overpayment of benefits because of a financial hardship. Certain federal programs permit claimants who have received an overpayment of benefits to apply for a waiver from repayment if:

  1. The claimant was not at fault for the overpayment; and
  2. Recovery of the overpayment would be contrary to equity and good conscious.

What is "Contrary to Equity and Good Conscious"?

When determining if repayment of the overpayment would be “contrary to equity and good conscious,” the primary consideration is whether repayment of the overpayment will cause the claimant extraordinary financial hardship, such as an inability to pay for shelter, food, and/or medicine.

Determining Fault

When determining if the claimant was at fault for the overpayment, the following factors are considered:

  1. Whether or not the claimant made a material statement or representation on the application for benefits that resulted in the overpayment and that the claimant knew, or should have known, was false;
  2. Whether or not the claimant failed, or caused another person to fail, to disclose a material fact in connection with the application for benefits that resulted in the overpayment and the claimant knows, or should have known, was material;
  3. Whether or not the claimant knew, or could have been expected to know, that they were not entitled to the payment of benefits;
  4. Whether or not the overpayment resulted directly or indirectly from an action or omission by the claimant which was known and was erroneous, inaccurate, or otherwise wrong; and
  5. Whether or not there was a determination of fraud associated with the payment of benefits.

How to Apply for a Waiver

You will receive a DocuSign email with a waiver request application. If you do not receive the DocuSign waiver request, you can request one by messaging us through your account's Two-Way Communication (TWC), or by mail to:

NYS Department of Labor
PO Box 15131
Albany NY 12212-5131
Be sure to include your Social Security number on the request for a waiver.

“We will not try to collect payments from you while your waiver request is being considered.”

Federal programs that permit claimants to apply for a waiver from repayment include:

  1. Federal Pandemic Unemployment Compensation (FPUC);
  2. Pandemic Emergency Unemployment Compensation (PEUC); and
  3. 2008 Emergency Unemployment Compensation (EUC08).

Federal law does not allow overpayments of Pandemic Unemployment Assistance (PUA) to be waived.

Repayment

To repay the overpayment, please make your check or money order to the Unemployment Insurance Division and mail it to:
Unemployment Insurance Division
New York State Department of Labor
P.O. Box 1195
Albany, New York, 12201-1195

Be sure to write your Social Security account number on each check or money order.

If you are unable to pay off this overpayment in full, you can set up a payment plan by calling the Collections Unit at 800-533-6600 or writing to the Unemployment Insurance Division at the address listed above.

Claimants with a non-willful overpayment will see a 20% reduction of their weekly benefits until the overpayment is fully recovered. Claimants with willful overpayment determinations see a 100% reduction of their weekly benefits until the overpayment is fully recovered.

Can I Appeal the Overpayment Determination?

If you disagree with the overpayment determination, you have the right to request a hearing. The hearing will be conducted by an impartial judge who is employed by the Unemployment Insurance Appeal Board. If you are present at the hearing and lose all or part of the case, you may file an appeal to the Appeal Board. If the Appeal Board does not rule in your favor, you have 30 days from the date of the Appeal Board's decision to apply to the Appeal Board for a reconsideration of the decision, or appeal to the Appellate Division of the State Supreme Court, Third Department.

We will not try to collect payments from you while your appeal is in progress. Any payment you made will be refunded if you are found eligible for benefits.

For more information on the appeals process, visit the Unemployment Insurance Appeal Board website and choose "Questions & Answers."