Question | Answer |
What is an overpayment? |
An overpayment occurs when you receive Unemployment Insurance benefits that you were not entitled to. This could occur for a number of reasons. These may include: |
What should I do if I receive an overpayment determination? |
If you were overpaid, you will receive a written notice in the mail. The Notice of Determination to Claimants for Overpayment gives instructions on how to send a check or money order to pay the total amount due, including both overpaid benefits and monetary penalties. It also gives instructions on how to request a payment plan. Overpaid benefits and monetary penalties can also be collected by taking your state or federal tax refund. Additionally, if you collect benefits in the future, those benefits will be offset to recover any remaining overpayment that you have not repaid. Any partial payment received from you will be applied first to any monetary penalties and then to the balance of the overpayment. Failure to pay the monetary penalty may result in legal action against you. If you disagree with the overpayment determination, you have the right to request a hearing. |
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. |
Why does the overpayment amount include money that was withheld for child support and taxes? |
Even though you did not receive the money withheld for child support and taxes, it counts towards your total overpayment. That is because the money we withhold was paid by us on your behalf to fulfill your child support and tax obligations. |
What is a monetary penalty? |
A monetary penalty is assessed if the Department of Labor determines that you willfully made false statements or representations, or purposely withheld pertinent information, in order to obtain benefits. |
What should I do if I make a mistake on my weekly certification? |
You should call the Telephone Claims Center right away, at 888-209-8124. Call during the hours of operation: Monday through Friday, 8 am to 5 pm. (Please note that you may have difficulty reaching a representative when there is high call volume.) Or, you can send a secure message from your online account. Sign in to your account at www.labor.ny.gov/signin and click on the envelope icon on the My Online Services page. If you claimed for the entire week but you worked between 11-30 hours, it is very important for you to contact us. If you don’t contact us, you may have to repay benefits and be subject to civil penalties and the loss of future benefits. |
What is the difference between an overpayment and a monetary penalty? |
An overpayment is benefits you were not entitled to. |
Is the monetary penalty optional? |
No. The monetary penalty must be assessed unless it is overruled by an Administrative Law Judge, the Appeal Board, or a court. |
What is a forfeit day penalty? |
A forfeit day (or days) are days in the future for which you cannot receive Unemployment Insurance benefits. Forfeit days are assessed if you willfully made a false statement or representation to get benefits. |
How can a forfeit day penalty affect any future claims I may file? |
If your forfeit day penalty has not expired, any payments you may be eligible for on future claims will first be used to satisfy your forfeit day penalty. This will reduce the amount of money you receive in future UI benefit payments. |
Do forfeit day penalties expire? |
Yes. The expiration date of a forfeit day penalty is two years minus one day from the mail date of the Notice of Determination. If you appeal the determination, the expiration date of the penalty is two years minus one day from the mail date of the appeal decision. |
Can I appeal the forfeit day penalty? |
Yes. Instructions for appeal of determinations are included on the Notice of Determination to Claimants for Overpayment. More information about hearings is in the Unemployment Insurance Claimant Handbook, which is available online if you chose not to have it mailed to you. |
Is the monetary penalty imposed instead of a forfeit day penalty? |
No. The monetary penalty is imposed in addition to the forfeit day penalty. |
How is the amount of the monetary penalty calculated? |
The amount of the monetary penalty is calculated based on the amount of overpaid benefits. |
Does the monetary penalty apply to all programs related to unemployment? |
Yes. The monetary penalty applies to all benefits under: |
How do I know if I have a monetary penalty? |
You are notified of the monetary penalty on the Notice of Determination to Claimants for Overpayment. The notice tells you the amount of the overpaid benefits, the number of forfeit days imposed, and the amount of the monetary penalty. |
Can I appeal the monetary penalty? |
Yes. Instructions for appeal of determinations are included on the Notice of Determination to Claimants for Overpayment. |
How can I find out the balance of my debt? |
To view the balance of your debt: |
How do I pay what I owe? |
Send a check or money order payable to "Unemployment Insurance Division," and mail it to: |
Can I use my credit or debit card to pay my debt? |
No. At this time, the Department of Labor does not accept credit card or debit card payments. The Department of Labor only accepts, by mail, checks or money orders. |
Can I make monthly payments? |
Yes, if you are eligible for a payment plan. The maximum length of a payment plan is 36 months. If your debt is greater than $900, your minimum monthly payment will be your current balance due divided by 36. If your debt is $900 or less, your minimum monthly payment will be $25. |
How do I request a payment plan? |
Call: |
What happens if I do not pay back an overpayment or monetary penalty? |
If you do not pay back an overpayment or monetary penalty, the Department of Labor may take legal action to file a judgment against you. |
Do offsets apply to special new unemployment-related COVID-19 benefit programs? |
Yes, the federal government requires that any payment made under CARES Act programs be reduced to recover any debt owed. |
What happens if my tax refunds are seized? |
You will receive a notice from the Internal Revenue Service or the New York State Department of Taxation & Finance that your tax refunds are being used to pay your Unemployment Insurance debt. This will follow multiple warning notices sent to you from the Department of Labor telling you that your refunds will be seized if you do not pay your debt. |
Will my payments show on my year-end tax statement (Form1099-G)? |
Certain payments will show on your Form 1099-G. They will be listed on the form in Box2, Adjustments. These include: |