Understanding Unemployment Insurance Overpayments and Overpayment Materials
How are Unemployment Overpayments Determined?
When you file a new claim for unemployment benefits, a Deputy from the DES UI Administration takes fact-finding steps to determine if you are eligible for benefits. These steps may include contacting you (the claimant), the former employer, or both.
How We Notify You of an Overpayment
If you are paid benefits that you should not have received based on the facts of your case, DES will issue a Determination of Overpayment notice. Claimants with UI claims will receive this notice via the CACTUS web portal.
View the Non-fraud Overpayment Determination example. Please note: the versions of this notice may vary depending on the specifics of your overpayment.
Understanding The Notices You Received
The Determination of Eligibility notice is sent to inform you that you were paid benefits and then were determined ineligible based on the facts of your case.
The Determination of Overpayment notice includes information about your particular overpayment, including:
- Your claim ID#, case ID# and date of your claim
- The classification (type) of your overpayment
- The reason you were not eligible for the benefits
- The total amount due
- How to appeal this determination
- Your rights as a claimant
- Information that explains how to pay back the overpayment
- If DES applied a waiver to your overpayment or did not, and how to request a waiver
It’s important that you read through the entire notice.
Overpayment Classifications
When an overpayment is identified, the overpayment is classified into one of three classifications:
- Administrative: An administrative overpayment is an overpayment that occurred at no fault of your own.
- Non-fraud: A non-fraud overpayment occurs when you unintentionally give the Department incomplete or incorrect information or failed to correct erroneous information.
- Fraud: A fraud overpayment occurs when you knowingly misrepresented or concealed material facts to obtain benefits to which you were not lawfully entitled.
The classification of your overpayment is important because there are different penalties, interest, and offset percentages applied depending on the classification type.
If the classification on your overpayment is “Fraud/Fraudulent” or “Non-fraud/Non-Fraudulent” and you do not agree with the classification of overpayment, you may appeal the classification within 15 days of the issued date of your Determination of Overpayment notice.
Where can I find more information about my particular overpayment?
Specifics about your overpayment can be found in the Determination of Overpayment notice that is issued to claimants who received UI benefits.
The notice will include the facts surrounding the overpayment and the reason why DES determined you were not eligible for the benefits you received, including if the overpayment occurred:
- After identifying facts that made you ineligible for benefits (i.e. the Determination of Deputy steps)
- As a result of an Appeal Decision
- As a result of a revised Wage Statement
- As a result of unreported earnings
Learn about overpayments and overpayment materials.