What Happens If I Receive An Erie Unemployment Overpayment?
Should you receive an unemployment benefit that you were not entitled to, you have received an overpayment. Pocketing the Erie unemployment overpayment triggers an investigation with an important distinction effecting the outcome of your benefits. Was the overpayment your fault or not your fault?
At fault due to misrepresentation or lying
If you obtain Erie unemployment overpayment through lying or misrepresentation, you have bitten off a problem you don’t want to mess with. A fault overpayment is unemployment compensation not due to you. Consequently, the unemployment office investigates such cases of subterfuge, demanding not only the original amount paid but also interest. This will apply to any benefits paid in a week where you had made a false statement or did not correct the false statement. Additionally, the unemployment office will seek their repayment by placing a security interest on you and reducing any future payments by the amount owed.
Should you or someone else have made a false statement in order to obtain benefits, or increase benefits, the Commonwealth of Pennsylvania may also prosecute you and seek a penalty of $1,000 as well as time in prison.
Not at fault for overpayment
If you were not in the fault for the Erie unemployment overpayment, you face a non-fault overpayment. Two types of non-fault overpayment exist: non-recoupable and recoupable.
A non-fault overpayment is non-recoupable if you have acted properly for the disclosure of information and had a reversal of two decisions of eligibility. Meanwhile, the payment is also non-recoupable if it functions as holiday pay that you were unaware of or if your base year wages were not determined to be earned through employment.
If you do not fall into these non-recoupable categories, your non-fault Erie unemployment overpayment could be recoupable by the unemployment office, and if under $100, may be prompted automatically.
Contact an unemployment attorney to help you decipher which category your Erie unemployment overpayment falls into and what we can do to help you keep your Erie unemployment overpayment.