DOL Overpayment Waiver

October 26, 2021
The Connecticut Department of Labor has recently reported that around 13,000 unemployment benefit recipients received overpayments throughout the pandemic. These claims constitute about $30 million in accidental overpayments. It is important to note that while this amount looks daunting, most of these overpayments were caused by simple errors at little to no fault of the claimant. 
 
Since the announcement, many of you have reached out with concerns about overpayments and are wondering, will I have to pay this money back?
 
The short answer is, not necessarily. You may qualify for a "non-fraud overpayment waiver."
What is a waiver?
 
A waiver forgives part, or all, of the overpayment debt accrued by an unemployment claimant. 

Overpayment may be eligible for a waiver if:

  • There was an unintentional error on the part of the claimant, employer, or CTDOL.
  • There was no attempt to obtain unemployment benefits to which the claimant knew they were not eligible (fraud).
  • The Employment Security Appeals Division reverses a decision to grant unemployment benefits and that leaves the claimant with an overpayment debt. 

Can I get a waiver?
 
Waivers will be considered for accidental overpayments only. CTDOL notifies claimants that they may be eligible for a waiver during the pre-determination process and sends a questionnaire that the claimant fills out and returns. Most waivers are granted for:

  • A mental or physical condition which would significantly reduce opportunity for employment. 
  • An error on the part of CTDOL or the Appeals Division.
  • Claimant bankruptcy.
  • Economic grounds when it’s against equity and good conscience to have an overpayment repaid.

The questionnaire and hearing request must be completed and returned together to CTDOL within 14 days of the mail date (this is on the upper right corner of the pre-determination letter.)  
 
What if I didn’t get a questionnaire with my pre-determination letter?
 
If you didn’t receive a waiver questionnaire, this means CTDOL claims you may not be eligible for one. If you believe this is not correct and that you are eligible for a waiver based on the criteria above, you are encouraged to reach out to the Consumer Contact Center with questions.
  
Please also remember that you can reach out to me if you need any assistance moving forward with this process, I will do all I can to help. Don't hesitate to contact me at the Capitol at 860-240-8585 or email me at David.Michel@cga.ct.gov.  Don't forget to like my Official Facebook Page for news and legislative updates!