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Unemployment Appeals Overpayment Advice Needed Nevada

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  • Unemployment Appeals Overpayment Advice Needed Nevada

    I was termed by my employer for looking for another job in January of 09. I applied online for unemployment benefits because I had a previous open unemployment benefits the year before the system directed me to go to the extended benefits and answer the questions there. I did so and was sent a Monetary Benefits Award letter for $374.00 per week for 20 weeks.... over the course of those 20 weeks I spoke with muliple representatives at the DETR to make sure everything was correct with my claim. When my 20 weeks ran out I was given another 13 weeks.... When I called on 8/31 to see if there were anymore benefits available because I had not found a job they informed me that I was on the wrong claim and that my employer had not reported my income to the correct social security number and I was only entitled to $227.00 per week and I would have to repay the Federal Extension of over $12,684.00. They would apply any monies that I should get of my normal 26 weeks plus the Federal Extensions until it was paid off and if anything was left I would get it. But I was in the middle of a Chapter 7 BK and included the entire amount in my BK and they are still collecting and will not give me a dime. My BK has been discharge with that total amount as of 9/25/09. It is a non fraud overpayment...... it's not my fault why am I being made to pay the entire amout back?

  • #2
    It seems you are saying your bankruptcy was just discharged 9-25-09 including the full amount of UI owed. Has the UI office been informed of the bk & the discharge? Did you have a bankruptcy attorney - I would talk to them.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Originally posted by Betty3 View Post
      It seems you are saying your bankruptcy was just discharged 9-25-09 including the full amount of UI owed. Has the UI office been informed of the bk & the discharge? Did you have a bankruptcy attorney - I would talk to them.
      Hi... I filed my BK Pro Se I couldn't afford an attorney, and yes they are fully aware of the Bk I faxed over the paperwork to the overpayment departmenet and mailed the paperwork to the Appeals Department.... I just really don't know what to do... and what gets me is the weekly difference is only $147 which is around $4,800 which they have taken already?

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      • #4
        Hi. I don't know when you notified the UI overpayment dept. of the bk or when you filed the appeal but you might hold & see if you hear back from them, call for status or go to your local UI office if you have one, or you might end up needing to talk to an attorney. You can probably get a referral to a no cost/low cost attorney from your local legal aid society or local law school if there is one.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          available because I had not found a job they informed me that I was on the wrong claim and that
          If I read that correctly, they should be going after your employer for posting your earnings to the wrong SSN.
          I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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          • #6
            From reading I have done though, it is my understanding it is still the OP's responsibility to pay back any overpayment. The poster can certainly ask though (if they have not already done so) why they aren't going after the employer.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by Betty3 View Post
              From reading I have done though, it is my understanding it is still the OP's responsibility to pay back any overpayment. The poster can certainly ask though (if they have not already done so) why they aren't going after the employer.
              I am going to see why they are not going after the employer. If they don't I will.

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              • #8
                Originally posted by Alice Dodd View Post
                If I read that correctly, they should be going after your employer for posting your earnings to the wrong SSN.
                Well, maybe. But what do you expect to go after them FOR? A clerical error? "Oops, employer, the claimant says you made an error in her SSN when you reported her wages." "OK, state, here are the amended wage reports with the correction." Done.

                I also have to ask, what about the OP's 2008 W-2? The logical assumption would be that, if the quarterly wage reports were reported to the wrong SSN, the W-2 would have the wrong SSN as well. If that was the case, did you report that error to the employer and what did they say/do?

                What it really sounds like is either there were TWO employees with the same SSN under which quarterly wage reports were submitted, or John Smith got the OP's earnings reported, and the OP got John's earnings reported under her SSN. When the financial determination letter was issued, the wages that were reported to the state were detailed, probably by quarter, on that letter. Those letters normally state that the claimant should review the calculations and notify the state if there is an error. See, there is an advantage to reading the fine print and to keeping your pay stubs.
                Last edited by Pattymd; 09-29-2009, 04:17 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Originally posted by Pattymd View Post
                  Well, maybe. But what do you expect to go after them FOR? A clerical error? "Oops, employer, the claimant says you made an error in her SSN when you reported her wages." "OK, state, here are the amended wage reports with the correction." Done.

                  I also have to ask, what about the OP's 2008 W-2? The logical assumption would be that, if the quarterly wage reports were reported to the wrong SSN, the W-2 would have the wrong SSN as well. If that was the case, did you report that error to the employer and what did they say/do?

                  What it really sounds like is either there were TWO employees with the same SSN under which quarterly wage reports were submitted, or John Smith got the OP's earnings reported, and the OP got John's earnings reported under her SSN. When the financial determination letter was issued, the wages that were reported to the state were detailed, probably by quarter, on that letter. Those letters normally state that the claimant should review the calculations and notify the state if there is an error. See, there is an advantage to reading the fine print and to keeping your pay stubs.

                  Actually...when I was working there in November of 2008 I found the error when they printed out a reportfor me and I made the Operations Manager and the Payroll Manager aware of the mistake at that time. They said they corrected in their system.....but apparently they never went back and corrected it with either Social Security nor Unemployment so when they did the W-2's in January it was correct and they transmitted the correct information to the IRS..but never resubmitted the correct information to the above two mentioned agencies although they (my employer) was aware of the mistake. The reason Unemployment became aware of the mistake was because when my employer reported my fourth quarter earnings it did not match up with the time I stated I had worked for the company. I've never been in payroll or management so never did occur to me to tell payroll or management, "now make sure you correct those reports you sent to Unemployment and Social Security Departments." I believe that is how the mistake occured. Thanks for all of your help.... I am trying to get my head around this thing.

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