03 Aug 2020

Do You Have to Repay Unemployment Overpayment?

Do I Have to Repay Unemployment Overpayment? 

Working with an Overtime Attorney to figure out if you owe unemployment.

Occasionally, unemployment overpayment requires workers to pay back part of their benefits. When you are paid benefits but lose them when your employer appeals, the Texas Workforce Commission may ask you to repay those benefits. This is also true when you are overpaid due to a mistake made by you or the TWC. 

Should you believe you do not need to pay back your benefits, a Houston employment lawyer can help you navigate the appeal process. However, it is important to note that if you lose benefits because you made a false statement or withheld information, TWC may charge you with fraud. 

What If I Receive a Notice of Overpayment? 

While receiving benefits, you may receive a notice from TWC about unemployment overpayment. This automated process will cause you to receive notices in your inbox and physical mail regarding repayment. However, you have the option to appeal this decision and take it to a virtual hearing. Normally, TWC is able to change your benefits based on new information about your work search or any other information they receive. 

It is important to understand that in the midst of the COVID-19 pandemic and resulting benefits, the current systems face a great deal of stress. Before you appeal, you may receive contact from TWC regarding pandemic benefits after an unemployment overpayment notice. In certain cases, they are able to file a new unemployment claim and dismiss the overpayment.

However, you have the right to appeal any notice that claims TWC cannot pay you benefits or that you have an overpayment. There are three levels of appeals within the TWC system. If you disagree with the decision of the first appeal, you may proceed through the added levels. 

  • Appeal to the Appeal Tribunal
  • Appeal to the Commission
  • Motion for Rehearing or Appeal to a Civil Court

Understand that the appeal tribunal process may involve your employer. Work with a Houston employment lawyer who will advocate for you and fight to ensure your benefits remain intact. 

Do I Need to Repay Unemployment Overpayment During My Appeal? 

If you continue to request benefits, TWC will apply any eligible payments toward your overpayment amount. However, should the appeal decision reverse or change this amount, TWC will adjust accordingly. 

If you elect not to request benefits, you do not have to send payments during the appeal process. Should the appeal decision uphold the unemployment overpayment notice, you must begin to repay the amount. In the event the decision is reversed, TWC will adjust the amount accordingly. 

Meet with An Employment Attorney

When you have questions about unemployment overpayment or the appeals process, you may wish to consult a Houston employment lawyer. When a lot of money is at stake, an employment attorney can act as an advocate on your behalf and help to ensure that you follow the appropriate actions and collect the necessary information. 

Claimants who have received notices should pay close attention to them and follow instructions. While they may eventually forgive or dismiss the unemployment overpayment due to the pandemic, there are no guarantees. At the Craighead Law Firm, we listen to you and help you get what you deserve. We are top-rated Houston employment lawyers because we fight for our clients to receive all types of damages.