Overpayment Information
Unemployment Insurance (UI) benefits provide crucial financial support to individuals during periods of job loss. However, it’s essential to understand that overpayments can occur in the UI system.
UI overpayments occur when individuals receive benefits that they are not entitled to under the program’s rules and regulations. Common reasons for overpayments include inaccurate reporting of earnings, failure to report employment status changes, or errors in processing claims.
If you have received an overpayment notice from WorkForce West Virginia, it’s important to take prompt action:
- Review the Notice: Carefully review the overpayment notice to understand the reason for the overpayment, the amount owed, and any deadlines for repayment or appeals.
- Appeal Process: If you believe the overpayment decision is incorrect or unjustified, you have the right to appeal. Follow the instructions provided in the notice to initiate the appeals process and present your case to the Board of Review.
- Repayment Options: If you agree with the overpayment determination, explore repayment options available to you. Depending on your financial situation, you may be able to arrange a repayment plan.
- Preventing Future Overpayments: Take proactive steps to prevent future overpayments by accurately reporting earnings, promptly notifying WorkForce West Virginia of any changes in employment status, and adhering to program guidelines and requirements.
It’s important to address UI overpayments promptly to avoid potential consequences, such as withholding of future benefits, wage garnishment, placing liens on your assets, or taking your federal tax refund.
The amount you owe can be repaid by going to the nearest WorkForce WV local office, where staff will accept your check or money order payment, or you may send a check or money order made payable to WorkForce WV to:
WorkForce West Virginia
Benefit Payment Control
1900 Kanawha Boulevard East
Building 3, Suite 300
Charleston, West Virginia 25305
If you cannot pay your overpayment in full and would like to set up a repayment agreement or if you have questions about your overpayment, contact workforcecollections@wv.gov or 304-558-3306.
Overpayment FAQ
You may file a written appeal of an overpayment determination. You have eight (8) days from the date the overpayment determination is mailed to file an appeal. You may submit your appeal to the mailing address, fax or email address provided in the determination. An evidentiary hearing will be scheduled in your case. You will receive a hearing notice with instructions after your appeal is received.
Yes. If your claim is reversed on appeal, the benefits received will be an overpayment subject to repayment to WorkForce West Virginia. West Virginia Unemployment Compensation Law requires that all overpayments be repaid to WorkForce WV.
If you are receiving benefits and you have an overpayment balance, your benefits will be reduced by 100%. The amounts reduced will be applied to your overpayment balance. WorkForce WV may also collect amounts overpaid to you by:
• Putting liens against real and personal property.
• Pursuing a civil action to garnish wages.
• Garnishing your federal tax refund.
• Pursuing criminal prosecution and/or civil court action.
Entering into a payment agreement and making your payments on time will prevent collection through liens, garnishment, and criminal prosecution. You may request to enter into a payment agreement by calling 304-558-3306. If you have questions about overpayments, please email ucoverpayments@wv.gov or by calling 304-558-3306.
As a participant in the Treasury Offset Program (TOP) WorkForce WV is permitted to garnish your federal income tax refund to repay any fraud overpayment or overpayments caused by your failure to report your earnings.
You must repay your overpayment balance in full to prevent interception of your federal tax refund. If you cannot repay the balance, you may enter into a payment agreement by contacting WorkForce West Virginia at 304-558-3306. The standard payment agreement must include a down payment. All additional payments must be received as scheduled.
All overpayments must be repaid to WorkForce West Virginia. To avoid collections, you must repay your overpayment balance in full. If you cannot repay the balance in full, you may enter into a payment agreement with WorkForce West Virginia. If you have an outstanding overpayment balance, you will receive a monthly statement that shows your current overpayment balance and your minimum monthly payment.
Payments may be made by personal check, cashier’s check, or money order, made payable to WorkForce West Virginia. Please include your name and claimant identification number, and mail checks or money orders to:
WorkForce West Virginia
Benefits Payment Control Unit
1900 Kanawha Blvd. E
Building 3, Suite 300
Charleston, WV 25305