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An overpayment may occur when a claimant is paid unemployment benefits and is later found to not be eligible for those benefits.
Common reasons for an overpayment include:
When a claimant is at fault for an overpayment of unemployment benefits, the claimant must repay the overpaid benefits.
When an employer alone is at fault or the department is solely at fault, the claimant will not be required to repay the overpaid benefits.
If regular unemployment benefits or Extended Benefits (EB) are overpaid, the determination or decision will say if the overpayment must be repaid or the overpayment is waived.
A claimant may be at fault for an overpayment if they provide information that they knew, or reasonably should have known, to be inaccurate or incomplete on an initial or weekly claim. A finding that the claimant was at fault does not necessarily mean that the claimant committed fraud or concealment. A claimant who is found to be at fault is required to repay overpaid benefits and is not eligible for an overpayment waiver.
If you are paid more unemployment benefits than you are eligible to receive for any week, you will be notified in writing that you have been overpaid. The amount of the overpayment will be automatically deducted from any later unemployment payments that are payable to you.
If no later benefits are payable to you or there is still an outstanding overpayment amount after later benefit payments are withheld, you will be responsible to repay the balance of the overpayment.
To repay using a bank account, credit card, or debit card, log on to my.unemployment.wisconsin.gov and choose "Make a Payment" from the My UI Summary Page. Or send a check or money order payable to:
Unemployment Insurance Division
P.O. Box 7888
Madison, WI 53707
Please include your full social security number and the top portion of this statement with this payment.
Anyone can go to ui.wi.gov/pay to securely make a payment on a UI Claimant Account using a bank account, debit card, or credit card.
If you are unable to pay the full amount requested, please contact us at (608) 266-9701 Monday through Friday 8:00 a.m. – 4:00 p.m. to discuss installment payment plan options that may be available to you.
If you fail to setup an acceptable payment plan, or if you default on a payment plan, the department can garnish a portion of your wages to recover an overpayment.
No. Benefit overpayments do not accrue interest. However, collection costs can accrue if the department must pursue certain collection actions to recover the debt, such as certified mail costs for collection notices.
An overpayment waiver may be issued by the department in situations where a claimant received an overpayment not due to the fault of the claimant, and, for overpayments of certain federal programs, if requiring repayment would be contrary to equity and good conscience.
A claimant may be eligible for a waiver if they received a determination that included an overpayment of benefits from one or more of the applicable federal programs and it was determined the claimant was not at fault for creating the overpayment.
If a claimant's overpayments are from special federal COVID-19 relief programs (FPUC, PUA, PEUC, MEUC, and/or LWA), only the overpayments from the applicable federal programs can be waived. If an overpayment waiver request is approved, the claimant will still be required to repay overpaid benefits received from the non-eligible programs, unless waived under a different law.
Requiring repayment of an overpayment will be considered "contrary to equity and good conscience" if:
Yes. Claimants who are eligible to apply for an overpayment waiver will be notified by mail or with a message in their Message Center at my.unemployment.wisconsin.gov. Claimants who have previously informed UI that they are unable to access the internet will receive the Overpayment Waiver Request form in the mail. Claimants must complete the waiver request form within 14 days of the date they are notified of their eligibility to apply.
Upon completed review, claimants will receive an eligibility determination by mail notifying them that their Overpayment Waiver Request was either approved or denied. Waiver request determinations can also be viewed on the Determinations Page at my.unemployment.wisconsin.gov. Overpayment waiver request determinations are appealable.
If you believe you should have been eligible for an overpayment waiver but did not receive a message in the Message Center at my.unemployment.wisconsin.gov, nor did you receive notice by mail, you may request a review of your claim by calling the Help Center at (414) 435-7069 or (844) 910-3661. Before calling, please refer to your overpayment determination notice. If the determination states that the overpayment is, in whole or in part, due to you providing inaccurate or incomplete information, you will not be eligible for a waiver because you have been determined to be at fault, at least in part, for the overpayment. Please note: If you disagree with the determination that you were at fault for the overpayment, you should file an appeal of the overpayment determination to resolve that issue first, rather than requesting an overpayment waiver. If your appeal of the fault determination is in your favor, you may become eligible for a waiver.
Yes. A claimant may be eligible to apply for a waiver if they have received a determination that included an overpayment of benefits from one or more of the special federal COVID-19 relief programs (FPUC, PUA, PEUC, MEUC, and/or LWA) and it was determined the claimant was not at fault for creating the overpayment. This is the case whether or not the claimant has already repaid the overpayment. Claimants approved for an overpayment waiver will be refunded any payments made toward their eligible overpayment.
To appeal a determination that includes an overpayment, including the determination of fault, is the same as for other types of UI determinations. To appeal, you can file online or write to the department stating that you are appealing a determination. If you are unable to complete an appeal request online, you must mail or fax your appeal to:
UI Hearing Office
P.O. Box 7975
Madison, WI 53707
Fax: (608) 327-6498
To be timely, your appeal must be received or postmarked by the last appeal date shown on the front of the determination. If you are appealing more than one determination, you must file a separate appeal for each determination.
More information on appealing UI determinations can be found at: https://dwd.wisconsin.gov/uibola/appeal.htm.
The process to appeal a determination that denies an overpayment waiver request is the same as that for other types of UI determinations. To appeal, you can file online or write to the department stating that you are appealing a determination. If you are unable to complete an appeal request online, you must mail or fax your appeal to:
UI Hearing Office
P.O. Box 7975
Madison, WI 53707
Fax: (608) 327-6498
To be timely, your appeal must be received or postmarked by the last appeal date shown on the front of the determination. If you are appealing more than one determination, you must file a separate appeal for each determination.
More information on appealing UI determinations can be found at: https://dwd.wisconsin.gov/uibola/appeal.htm.