Florida Unemployment Overpayment Process

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Unemployment benefits help keep families and individuals from living on the streets after losing a job. In a job market with decreasing opportunities, it can take an extended period of time for an unemployed individual to find reliable work. Florida, like other states, has a workforce department to oversee unemployment compensation and benefit payments to eligible individuals.

What is an Unemployment Compensation Overpayment?

Filing an unemployment claim requires close attention to detail and honest reporting to ensure that no fraud or overpayment causes legal issues at a later time.
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When an unemployment compensation beneficiary or the Florida Department of Labor makes an error, either intentionally or accidentally, in the unemployment reports system, software will flag the account for possible overpayment of unemployment compensation. Overpayment of unemployment compensation means that the beneficiary was given more money than the Florida Department of Labor should have allotted. Overpayment occurs when the beneficiary neglects to claim additional financial resources or income, like temporary wages earned during a claim week, or when a Florida Department of Labor employee incorrectly enters financial information into the unemployment compensation computing system.

Read More: Can a Subcontractor Collect Unemployment Compensation?

Determination and Notification of Overpayment

Overpayment of unemployment compensation in Florida can involve repayment to the state or more serious consequences.
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The Florida State Department of Labor computerized system will notify an account specialist if overpayment is suspected. This process causes a stop payment to halt any unemployment compensation payment due to the beneficiary. The account specialist will then review the case. If they determine an overpayment has occurred, notification will be sent to the beneficiary who then has an allotted period of time to appeal the case or pay back the overpayment determination.

Weekly Benefit Claims During Overpayment Proceedings.

Unemployment checks won't arrive in the mail during an investigation of overpayment.
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Although a stop payment is issued for all Florida Unemployment benefits during an investigation of overpayment, the unemployment beneficiary should continue to search for jobs and submit unemployment claims each week until the situation is resolved. This will allow the beneficiary to obtain unemployment compensation after the overpayment proceedings have concluded and the beneficiary is determined not to be at fault.

Right to Appeal Unemployment Overpayment Judgment

An appeal to a determination of overpayment of unemployment benefits will result in a legal hearing regarding the specifics of the beneficiary's case.
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If the state of Florida determines that the beneficiary has received an overpayment of unemployment benefits, the beneficiary has the right to appeal the determination. The written request for appeal must be mailed or completed online within twenty days of the Department of Labor's postmarked date of determination. An appeal means the beneficiary will have the right to a hearing, and if necessary the beneficiary will also have the right to appeal the hearing determination only once with the Florida Unemployment Appeals Commission.



About the Author

Sarah Snow began working as a freelance writer in 2010. She has worked in finance management, supply-chain management and currently works in public relations and creative development in the film industry. Snow holds a Bachelor of Arts in English and creative writing from Stanford University.

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