Nobody wants to repay unemployment. When Minnesota’s unemployment office claims money needs to be repaid or returned, they call it an “unemployment overpayment”.
I believe every applicant trying to collect unemployment in Minnesota should appeal when accused of an overpayment versus concede.
Here is an introduction to my approach to an unemployment repayment:
Identify the deadline to repay unemployment
In my experience, a lot of people do not know they can appeal an overpayment. Everybody I meet with is encouraged to find a deadline. The deadline I ask people to find is not the deadline to return or repay benefits.
Instead, I encourage applicants to find the date they can appeal their case. Generally, the deadline to appeal an overpayment can be found in two locations:
- Online and within an Applicant’s benefit account, or
- Somewhere within the letter describing the problem.
Related documents to repay unemployment
Generally, letters looking like a pay stub or invoice are not helpful. These types of letters are designed to encourage applicants to repay unemployment.
In my experience, they do not support or help applicants appeal the unemployment overpayment. In fact, a lot of people incorrectly interpret their invoice or repayment voucher as a forgone conclusion they no longer have appeal rights.
For this reason, finding the deadline specific to an unemployment overpayment is a significant step.
Good reasons to appeal unemployment
Yes, there are many reasons to appeal an unemployment overpayment. They include but are not limited to the following:
- Identifying a legal reason to qualify for unemployment,
- Notice of an appeal deadline was never received,
- Due process failed,
- There was an error of law,
- The evidence does not support an overpayment, and or
- A decision was arbitrarily decided
Stop or cancel an overpayment
Yes, Minnesota has rules that support cancelling an unemployment overpayment.
Because the goal should always be reducing an overpayment to zero dollars ($0), I believe the process to repay unemployment should always begin with the appeal process.
If a person does not have appeal rights, then Minnesota statute 268.18 can have a positive impact on a family’s well-being.
Repay unemployment or negotiate?
Unfortunately, the opportunity to negotiate a repayment plan is a lot harder than it should be. No, applicants owing money to the unemployment office in Minnesota are not “negotiating a settlement” and the process is not the same as the IRS debt settlement commercials you hear on the radio.
Instead, the process to repay unemployment benefits should be viewed as a way to reduce monthly payments while using cancellation rules to one’s advantage.
Repay unemployment help
If you believe the process described above or you need help accessing your situation, please contact me for more information.
