The Massachusetts Department of Unemployment Assistance (DUA) is the agency that sends payments to people who claim unemployment benefits.
If the DUA says that you were overpaid, you can challenge their decision. You can also challenge the amount of the overpayment. Even if you agree that you were overpaid, you may not have to pay it back if you meet certain conditions and you ask DUA to “waive” recovery of your overpayment.
An overpayment is money you received that the DUA should not have sent to you. Maybe the DUA sent you more money than they should have, or sent you money they should not have sent. This can happen for different reasons:
- If DUA started paying you unemployment benefits, but then a review examiner, the Board of Review, or a court looks at your claim and decides that you actually are not eligible for benefits, it "reverses. the decision finding you eligible. If the DUA has already sent you money when they should not have, that money is considered “overpaid.”
- If the DUA does not get all the information they need, they can calculate the wrong amount to send you. If they send you more than you should get, they have “overpaid” you those benefits.
It is very important to tell the DUA information as soon as you can, like when you get wages from a job. This information might change the amount of benefits you should get.
If the DUA decides that they have overpaid you, you will get a letter from them called a "Notice of Overpayment."
If you were not "at fault" in causing the overpayment, you can apply for a waiver of the overpayment at any time during this process. If DUA grants your application for a waiver, you will not have to pay back the benefits DUA overpaid you.
If you do not appeal your denial or ask for a waiver, the DUA will start collecting the overpayment amount from your Unemployment Insurance (UI) benefits if you still are getting them. DUA will also start collecting the overpayment amount from your UI benefits if it denies your request for a waiver and you do not appeal that denial.
DUA may also take money from your tax refund to try to recover overpayment.
Finally, if the DUA cannot collect all of the overpayment from you now and you get UI again in the future, the DUA will try to collect the rest then. You can still apply for a waiver of your overpayment when you apply for UI again. If DUA grants the overpayment at that time, they will not try to collect the overpayment from your benefits.
You may qualify for a waiver to cancel all or part of your overpayment if you were not at “fault” for causing the overpayment. To get a waiver, you need to show that:
- Repaying the overpayment would cause you financial hardship, or
- It would be unfair for you to have to pay it back because you:
- relied on those benefits to make a purchase you would not have otherwise or
- gave up the right to receive other benefits because you were receiving unemployment benefits.
What is "fault" in causing the overpayment?
“Fault” is lying to the DUA or purposefully not telling them all the information they need to calculate the right amount of Unemployment Insurance (UI) for you. This includes not telling the DUA information that you knew, or should have known, that would change whether you should get UI, or how much you should get. “Fault” is also accepting a UI benefit check you knew, or should have known, was incorrect.
For Example
If you began working while you were collecting UI benefits and you purposefully did not report your wages to the DUA, you would be "at fault" in causing the overpayment. Or if you don’t have any children but you claimed a child as a dependent to collect the extra $25 weekly dependent allowance, you would also be at fault.
DUA has to show that you were at fault. If DUA decided you were at fault for causing an overpayment, it will send you a decision by mail or to your UI Online inbox. If you disagree with the DUA's decision that you were at fault, you can file an appeal of that decision. But be sure to submit to DUA whatever proof you have to show you were not at fault.
How do I show financial hardship?
You must also show that paying back the UI benefits would cause you or your family financial hardship. You need to show that paying the money back would leave you and your family without enough money for daily living expenses.
Daily living expenses include:
- food,
- clothing,
- rent,
- utilities,
- insurance,
- job or job search-related transportation expenses, and
- medical expenses for yourself and your family.
Submit copies of receipts for your expenses.
DUA will assume you are eligible for a waiver if you are getting:
- Supplemental Security Income (SSI) benefits or
- Social Security Disability Benefits (SSDI) combined with SSI benefits, or
- Emergency Assistance to Elderly, Disabled and Children (EAEDC) benefits.
Can I still get a waiver if I can't show financial hardship?
Yes. If you cannot show financial hardship, you may be able to show that paying the money back to the DUA would be "against equity and good conscience." This means it would be unfair to make you pay back the benefits you were overpaid because:
- you relied on the benefits to make a purchase you would not have made otherwise, or
- gave up the right to receive other benefits because you were receiving unemployment.
For example, you went out and bought something you wouldn’t have without the extra money (like a new truck that you now cannot return). You can show that paying the money back to DUA would be unfair. And, if you passed up an opportunity to get other benefits like SNAP or cash assistance, then making you repay the money to the DUA would be unfair.
If you think you may be eligible for a waiver, file a Waiver Application form.
You can:
- Call the DUA Telephone Claims Center and ask them to send you a Waiver Application form.
- DUA will email it to you. You can also ask them to send the waiver form to you by mail.
- Check to make sure there is a DUA barcode on the top left corner, above your name and address.
- Request the Waiver Application form through your UI Online account, under the "Manage Debt" tab.
- Fill out the Waiver Application form online.
- Make an appointment at DUA’s Re-Employment Center to get help understanding overpayments on your account and asking for a waiver.
Fill out the waiver application as completely as you can. Make copies of the information that shows that it would cause you financial hardship to make you repay the money. You should also make copies of any documents showing that you relied on your UI benefits to make a purchase you would not have made otherwise, or that you gave up the right to receive other benefits because you were receiving UI benefits. If you have a paper copy of the Waiver Application form, mail the form and your copies to the address on your Waiver Application. Keep a copy of everything you send.
If you file the waiver request within 15 days of your notice of overpayment, the Department of Unemployment Assistance (DUA) will not try to take back any of the money unless they deny your waiver and the waiver denial becomes final.
Even if DUA denies your waiver, you can "appeal" the denial. If you file your waiver request within 15 days of your notice of overpayment, DUA cannot begin collecting the overpaid benefits from you until the appeal process ends.
The only way to make sure the DUA doesn't collect the overpayment while you are asking for a waiver or appealing DUA’s denial is to pay attention to all the notices you get. Respond to all the notices within the time frames they say, and make sure to pay attention to all of DUA’s deadlines.
Note
In the notices, DUA will call collecting the overpayment "recoupment."
The DUA sends Joe a Notice of Overpayment because the initial decision approving his benefits was "reversed on appeal". By the time Joe receives the notice of overpayment, he is working again and would not meet the financial hardship test. A year later, Joe is laid off from his new job. He applies for UI benefits and files a waiver request on the overpayment because he was not at fault and it would be a financial hardship to repay the money he was overpaid.
Yes, you can file a waiver request at any time. In fact, you may want to wait to file your waiver application until you meet the "financial hardship" test.
If you file a waiver application after the 15th day, the Department of Unemployment Assistance (DUA) may try to get you to repay the benefits they overpaid you until they receive your application for a waiver. But once you file your application for a waiver, DUA should stop trying to collect the overpaid benefits until they make a decision on your application. If they deny your application, they should also wait until you have had a chance to appeal that decision before they start trying to collect the overpaid benefits again.
If DUA denies your waiver request, you have the right to file an appeal. After you file an appeal, DUA will schedule a hearing. You can submit more evidence to DUA before the hearing to show that you should be eligible for a waiver.
The Department of Unemployment Assistance (DUA) must receive your appeal within:
- 10 days of the date on the denial notice, or
- 30 days if you have good cause, or
- 60 days or more if you did not ask for a hearing earlier because DUA did not give you information in your primary language.
If you lose at the hearing, you can ask the Board of Review to look at your case.
If the Board does not agree to review or reverse the waiver denial, you can appeal to District Court.
Finally, you can write to the Director of the DUA, Department of Unemployment Assistance, 100 Cambridge Street Suite 400, Boston, MA 02114 within 1 year of the original decision and ask them to "redetermine the decision under Section 71 of the law."
There are strict time limits for all these appeals. Ask a legal services office for information on these appeal deadlines.
You can file a new overpayment waiver application in the future if your financial situation changes.
DUA sends you a “statement of account” which shows how much money you owe. It gives you the option to send DUA a check or pay by credit card. You can ask for a payment plan on UI Online.
DUA does not have a time limit for paying the money back. But, it can take money from your next tax refund or automatically take 50% of any UI benefits you receive in the future if you do not get a waiver.
To check on the status of DUA’s decision on your application for a waiver, call DUA’s Call Center at (877) 626-6800.
You can also call your state legislator to ask for help.
DUA should not collect on the overpayment while your waiver application is pending.
An overpayment is money you received that the DUA should not have sent to you. Maybe the DUA sent you more money than they should have, or sent you money they should not have sent. This can happen for different reasons:
- If DUA started paying you unemployment benefits, but then a review examiner, the Board of Review, or a court looks at your claim and decides that you actually are not eligible for benefits, it "reverses. the decision finding you eligible. If the DUA has already sent you money when they should not have, that money is considered “overpaid.”
- If the DUA does not get all the information they need, they can calculate the wrong amount to send you. If they send you more than you should get, they have “overpaid” you those benefits.
It is very important to tell the DUA information as soon as you can, like when you get wages from a job. This information might change the amount of benefits you should get.
If the DUA decides that they have overpaid you, you will get a letter from them called a "Notice of Overpayment."
If you were not "at fault" in causing the overpayment, you can apply for a waiver of the overpayment at any time during this process. If DUA grants your application for a waiver, you will not have to pay back the benefits DUA overpaid you.
If you do not appeal your denial or ask for a waiver, the DUA will start collecting the overpayment amount from your Unemployment Insurance (UI) benefits if you still are getting them. DUA will also start collecting the overpayment amount from your UI benefits if it denies your request for a waiver and you do not appeal that denial.
DUA may also take money from your tax refund to try to recover overpayment.
Finally, if the DUA cannot collect all of the overpayment from you now and you get UI again in the future, the DUA will try to collect the rest then. You can still apply for a waiver of your overpayment when you apply for UI again. If DUA grants the overpayment at that time, they will not try to collect the overpayment from your benefits.
You may qualify for a waiver to cancel all or part of your overpayment if you were not at “fault” for causing the overpayment. To get a waiver, you need to show that:
- Repaying the overpayment would cause you financial hardship, or
- It would be unfair for you to have to pay it back because you:
- relied on those benefits to make a purchase you would not have otherwise or
- gave up the right to receive other benefits because you were receiving unemployment benefits.
What is "fault" in causing the overpayment?
“Fault” is lying to the DUA or purposefully not telling them all the information they need to calculate the right amount of Unemployment Insurance (UI) for you. This includes not telling the DUA information that you knew, or should have known, that would change whether you should get UI, or how much you should get. “Fault” is also accepting a UI benefit check you knew, or should have known, was incorrect.
For Example
If you began working while you were collecting UI benefits and you purposefully did not report your wages to the DUA, you would be "at fault" in causing the overpayment. Or if you don’t have any children but you claimed a child as a dependent to collect the extra $25 weekly dependent allowance, you would also be at fault.
DUA has to show that you were at fault. If DUA decided you were at fault for causing an overpayment, it will send you a decision by mail or to your UI Online inbox. If you disagree with the DUA's decision that you were at fault, you can file an appeal of that decision. But be sure to submit to DUA whatever proof you have to show you were not at fault.
How do I show financial hardship?
You must also show that paying back the UI benefits would cause you or your family financial hardship. You need to show that paying the money back would leave you and your family without enough money for daily living expenses.
Daily living expenses include:
- food,
- clothing,
- rent,
- utilities,
- insurance,
- job or job search-related transportation expenses, and
- medical expenses for yourself and your family.
Submit copies of receipts for your expenses.
DUA will assume you are eligible for a waiver if you are getting:
- Supplemental Security Income (SSI) benefits or
- Social Security Disability Benefits (SSDI) combined with SSI benefits, or
- Emergency Assistance to Elderly, Disabled and Children (EAEDC) benefits.
Can I still get a waiver if I can't show financial hardship?
Yes. If you cannot show financial hardship, you may be able to show that paying the money back to the DUA would be "against equity and good conscience." This means it would be unfair to make you pay back the benefits you were overpaid because:
- you relied on the benefits to make a purchase you would not have made otherwise, or
- gave up the right to receive other benefits because you were receiving unemployment.
For example, you went out and bought something you wouldn’t have without the extra money (like a new truck that you now cannot return). You can show that paying the money back to DUA would be unfair. And, if you passed up an opportunity to get other benefits like SNAP or cash assistance, then making you repay the money to the DUA would be unfair.
If you think you may be eligible for a waiver, file a Waiver Application form.
You can:
- Call the DUA Telephone Claims Center and ask them to send you a Waiver Application form.
- DUA will email it to you. You can also ask them to send the waiver form to you by mail.
- Check to make sure there is a DUA barcode on the top left corner, above your name and address.
- Request the Waiver Application form through your UI Online account, under the "Manage Debt" tab.
- Fill out the Waiver Application form online.
- Make an appointment at DUA’s Re-Employment Center to get help understanding overpayments on your account and asking for a waiver.
Fill out the waiver application as completely as you can. Make copies of the information that shows that it would cause you financial hardship to make you repay the money. You should also make copies of any documents showing that you relied on your UI benefits to make a purchase you would not have made otherwise, or that you gave up the right to receive other benefits because you were receiving UI benefits. If you have a paper copy of the Waiver Application form, mail the form and your copies to the address on your Waiver Application. Keep a copy of everything you send.
If you file the waiver request within 15 days of your notice of overpayment, the Department of Unemployment Assistance (DUA) will not try to take back any of the money unless they deny your waiver and the waiver denial becomes final.
Even if DUA denies your waiver, you can "appeal" the denial. If you file your waiver request within 15 days of your notice of overpayment, DUA cannot begin collecting the overpaid benefits from you until the appeal process ends.
The only way to make sure the DUA doesn't collect the overpayment while you are asking for a waiver or appealing DUA’s denial is to pay attention to all the notices you get. Respond to all the notices within the time frames they say, and make sure to pay attention to all of DUA’s deadlines.
Note
In the notices, DUA will call collecting the overpayment "recoupment."
Yes, you can file a waiver request at any time. In fact, you may want to wait to file your waiver application until you meet the "financial hardship" test.
If you file a waiver application after the 15th day, the Department of Unemployment Assistance (DUA) may try to get you to repay the benefits they overpaid you until they receive your application for a waiver. But once you file your application for a waiver, DUA should stop trying to collect the overpaid benefits until they make a decision on your application. If they deny your application, they should also wait until you have had a chance to appeal that decision before they start trying to collect the overpaid benefits again.
For Example
The DUA sends Joe a Notice of Overpayment because the initial decision approving his benefits was "reversed on appeal". By the time Joe receives the notice of overpayment, he is working again and would not meet the financial hardship test. A year later, Joe is laid off from his new job. He applies for UI benefits and files a waiver request on the overpayment because he was not at fault and it would be a financial hardship to repay the money he was overpaid.
If DUA denies your waiver request, you have the right to file an appeal. After you file an appeal, DUA will schedule a hearing. You can submit more evidence to DUA before the hearing to show that you should be eligible for a waiver.
The Department of Unemployment Assistance (DUA) must receive your appeal within:
- 10 days of the date on the denial notice, or
- 30 days if you have good cause, or
- 60 days or more if you did not ask for a hearing earlier because DUA did not give you information in your primary language.
If you lose at the hearing, you can ask the Board of Review to look at your case.
If the Board does not agree to review or reverse the waiver denial, you can appeal to District Court.
Finally, you can write to the Director of the DUA, Department of Unemployment Assistance, 100 Cambridge Street Suite 400, Boston, MA 02114 within 1 year of the original decision and ask them to "redetermine the decision under Section 71 of the law."
There are strict time limits for all these appeals. Ask a legal services office for information on these appeal deadlines.
You can file a new overpayment waiver application in the future if your financial situation changes.
DUA sends you a “statement of account” which shows how much money you owe. It gives you the option to send DUA a check or pay by credit card. You can ask for a payment plan on UI Online.
DUA does not have a time limit for paying the money back. But, it can take money from your next tax refund or automatically take 50% of any UI benefits you receive in the future if you do not get a waiver.
To check on the status of DUA’s decision on your application for a waiver, call DUA’s Call Center at (877) 626-6800.
You can also call your state legislator to ask for help.
DUA should not collect on the overpayment while your waiver application is pending.
- Online: Log in to UI Online to apply for UI, appeal a denial, request weekly benefits, and more.
- Phone: 877-626-6800. Open 8:30 AM – 4:30 PM, Monday – Friday. You can get help in many different languages.
- Find general information at the DUA's website.
- Find detailed information in the Unemployment Insurance Advocacy Guide, written by legal aid lawyers.