Do i have to repay unemployment benefits if i’m overpaid pine tree legal assistance

Some workers have to pay back unemployment benefits. If you are paid benefits, but then lose benefits when your employer appeals, you can be asked to repay the benefits you got earlier. Also, if you are overpaid because of some other mistake or you or the Department of Labor made, you may have to repay those benefits. You may also have to pay interest. Or you may qualify for a "waiver of repayment" so that you do not have to repay. Read more below on waivers.

NOTE: If you lose benefits because you made a false statement or held back important information, you will have to repay the benefits you received and pay penalties that could double the amount you owe.

You could also be charged with a crime. You cannot apply for a waiver. Read more below under: What if I accept benefits I know I should not get? What should I do first?

When you are getting benefits, you may receive a notice that the Maine Department of Labor is looking into your benefits. The notice may say that you were overpaid or that you will get lower benefits or no benefits. The Department of Labor can change you benefits based on new information about your work search or any other important information.

You have a right to a fact-finding interview if the Department of Labor thinks you were overpaid or if your benefits will change. If you disagree with the notice, ask for a fact-finding interview. At the interview, give the Deputy all the information that supports your claim. The Deputy will send you a written decision. If the decision says you were overpaid, or lowers or stops your benefits and you disagree, you should appeal right away. You only have 15 days from the day the decision was mailed to you.

If you get a decision that asks you to repay unemployment benefits, you may be able to ask for a "waiver." A waiver is different than an appeal. You can only ask for a waiver if you have lost all appeals or the time for appealing is over. A waiver forgives all or part of the benefits you are asked to repay. In other words, you might have to repay a smaller amount, or nothing at all. Can anyone ask for a waiver?

Your letter to the Commission should include all the reasons why you are unable to repay the overpayment. It should also include your name and mailing address. List the date of each decision that you want waived and each overpayment amount you want waived. The Commission will then send you a form to fill out describing your financial situation within 14 days. Your request for a waiver will be denied if you do not return the form. You can also request a hearing, although the Commission is not required to give you one.

You will have to repay the entire amount of the overpayment. You can pay the amount in full or make a payment plan with the Department of Labor. Sometimes the Commission will agree to deduct the amount out of any future unemployment benefits. If the overpayment was a mistake, you will have to pay interest at 1% per month, starting one year after the overpayment is established. If you do not repay in one lump sum or make a payment plan, the Department of Labor can issue a civil warrant to collect the debt. Your state income tax refund or lottery winnings can be taken to repay the debt. If I do not get a waiver, can I appeal?

The Superior Court has to accept the facts found by the Commission. The court can only change the Commission’s decision if it is unconstitutional, is based on an error of law, or is not supported by facts in the record taken as a whole. For most people, this may be difficult to do without the help of a lawyer. What if I accept benefits I know I should not get?

You will get a notice that says you received overpayment because of "a false statement or representation" or "knowingly failed to disclose a material fact." If you know that you are not eligible for the benefits you are getting because you have false claim information or held back important information, you may refuse to do the fac-finding interview. Statements you make could be used to charge you with a crime. Even if you refuse the interview, you can still appeal any decision that lowers or stops your benefits. But you have to meet the appeal deadlines in the notices you receive and go to the hearings.

If the Department of Labor decides you received an overpayment because of "a false statement or representation" or "knowingly failed to disclose a material fact," you will have to repay up to double the benefits you received, plus interest. And you cannot receive unemployment benefits for up to one year, even if your new claim is totally different. You could go to jail and be fined up to $2,000.