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Have you been overpaid unemployment benefits? How to complete the Department of Labor Unemployment Overpayment Waiver

 

Have you been overpaid unemployment benefits?

If you received unemployment benefits through the Pandemic Unemployment Assistance (PUA), Pandemic Unemployment Compensation (PEUC), Federal Pandemic Unemployment Compensation (FPUC), Mixed Earners Unemployment Compensation (MEUC), and Lost Wages Assistance (LWA); you may be eligible to request a waiver with the Department of Labor to avoid paying them back.

The Department of Labor Waiver of Unemployment Overpayment is due July 31, 2021 or within 30 days of the notice of overpayment, whichever is later.

The unemployment waiver is currently available on the Department of Labor website: https://www.dol.nebraska.gov/UIBenefits/FederalPandemicPrograms/WaiverInformation

“The Department of Labor Waiver of Unemployment Overpayment is due July 31, 2021 or within 30 days of the notice of overpayment, whichever is later.” 

 

 

 

In the application you must provide:

  • Household earnings/income
  • Expenses
  • Reason why the overpayment was not your fault
  • Reason why you would be unable to repay (why it would be unfair) the overpayment

 

Documents you need for the waiver include:

  • 2019 and 2020 tax returns with Schedule C or a tax transcript
  • Monthly income for your household (including yourself, your spouse, and other household members) before deductions (taxes and insurance) taken out
  • Monthly expenses (rent, electricity, gas, water, internet, car/home insurance, child care, child support etc.)

Income can include:

  • Employment
  • Pension/Retirement
  • Social Security/ Disability
  • Alimony
  • TANF/ADC
  • Food Stamps/SNAP
  • Severance
  • Unemployment Compensation
  • Child Support

 

The tax returns or tax transcripts must be uploaded to the NEworks account when applying for the waiver. Documents that can support income and expenses should also be uploaded to the NEworks account as well. Instructions about uploading documents to your NEworks account can be found on the Department of Labor’s website: https://dol.nebraska.gov/webdocs/Resources/Items/Uploading%20a%20Document%20into%20your%20NEworks%20Account.pdf

 

The Waiver of Overpayment application is due on July 31, 2021, or within 30 days of the notice of overpayment, whichever is later. For example, if someone received an overpayment on June 1, 2021, their Waiver of Overpayment application is due July 31, 2021, however, if someone received notice of Overpayment on July 30, 2021, their waiver is due on August 30, 2021. After submitting the application, the Nebraska Department of Labor’s decision is final and cannot be appealed. 

 

Need additional help?

Please contact our ACCESSLINE with any questions: 1-877-250-2016, Monday/Wednesday 8:30 a.m. – 11:30 a.m.; Tuesday/Thursday 1 p.m. – 4 p.m.

    Roselle Agdipa, Health, Education & Law Project, is the author of this article.

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    2 Comments

    1. Linda Smith

      Hi,
      Do you address Social Security Administration Overpayments?

      Reply
      • Legal Aid of Nebraska

        Hi Linda,

        Please visit one of our Access to Justice Clinics and we can try to help you resolve this issue. The Omaha A2J Center is open Monday through Wednesday between 1:00 & 4:00 p.m. The Grand Island A2J Center is open Tuesdays from Noon to 3 p.m. and the Scottsbluff A2J Center is open on Wednesday afternoons. For more information on A2J, please visit the website here.

        If you have questions, please call our Statewide AccessLine:
        1-877-250-2016
        Monday/Wednesday: 8:30 a.m. – 11:30 a.m
        Tuesday/Thursday: 1 p.m. – 4 p.m.

        Reply

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