Unemployment Overpayment

[deexp]

Hello I have question regarding my unemployment overpayment situation.

Here is the situation, I haven't worked since 2015 at the time of losing my job I drew unemployment, then my employer fraught the unemployment insurance and won, because I didn’t show up to the hearing. However now I am on SSI disability since 2017. My question is, can the state of Kentucky garnish my SSI income for unemployment overpayment?

 

[LdiJ]

Hello I have question regarding my unemployment overpayment situation.

Here is the situation, I haven't worked since 2015 at the time of losing my job I drew unemployment, then my employer fraught the unemployment insurance and won, because I didn’t show up to the hearing. However now I am on SSI disability since 2017. My question is, can the state of Kentucky garnish my SSI income for unemployment overpayment?

SSI cannot be garnished by anyone for anything. SSDI can be garnished for government debt. Some people get confused between the two.

 

[adjusterjack]

now I am on SSI disability since 2017

Which one are you on?

SSI - Supplemental Security Income.

SSDI - Social Security Disability Insurance.

 

[commentator]

Yes, SSI is not garnished, because it is income based. But SSDI, which is disability paid in because you have work quarters in place and are eligible can definitely be garnished.

So how long did you wait to deal with this overpayment? Have you EVER dealt with it, since it was determined? If you were approved and drew a certain amount of unemployment, and then there was a hearing and a second decision, denying benefits was given, that is considered a NON FRAUD overpayment. Many times, they don't make too big an effort to collect on these overpayments.

 

[commentator]

SSI, absolutely not. SSDI, maybe. You should've dealt with this in 2015, of course. First by going to the hearing, and secondly by requesting a waiver (based on your income and situation) within a few days of being notified of the overpayment. But that ship has long ago sailed.

Even though this was a non fraud overpayment, and it was not your fault you were first given it and then determined ineligible in a later decision, it happens, in times of low unemployment, and with that super belligerent right wing governor and legislature they have in place in KY right now, they may be pushing the ol' collection envelope for all programs. Have you received new information about this overpayment recently? If so, by all means, I encourage you to call them back, speak with someone, discuss your circumstances, etc. and try to see what you can work out with them. If you refuse to communicate, that causes them to push a lot harder, make a lot more collections efforts.

Though you really didn't do anything wrong by receiving these payments and usually these types of overpayments payments are not run down and aggressively collected on like the fraud overpayments are, they can, actually attempt to try to collect from you. But when they find that you are receiving SSI, if that is what it is, their collection efforts will cease. With SSDI, they might try and succeed at a garnishment. Hopefully, you didn't draw too many weeks before the second decision and there shouldn't be any penalties involved so maybe you don't owe much.

 

[deexp]

Which one are you on?

SSI - Supplemental Security Income.

SSDI - Social Security Disability Insurance.

I am on SSI not ssdi.

 

[deexp]

SSI, absolutely not. SSDI, maybe. You should've dealt with this in 2015, of course. First by going to the hearing, and secondly by requesting a waiver (based on your income and situation) within a few days of being notified of the overpayment. But that ship has long ago sailed.

Even though this was a non fraud overpayment, and it was not your fault you were first given it and then determined ineligible in a later decision, it happens, in times of low unemployment, and with that super belligerent right wing governor and legislature they have in place in KY right now, they may be pushing the ol' collection envelope for all programs. Have you received new information about this overpayment recently? If so, by all means, I encourage you to call them back, speak with someone, discuss your circumstances, etc. and try to see what you can work out with them. If you refuse to communicate, that causes them to push a lot harder, make a lot more collections efforts.

Though you really didn't do anything wrong by receiving these payments and usually these types of overpayments payments are not run down and aggressively collected on like the fraud overpayments are, they can, actually attempt to try to collect from you. But when they find that you are receiving SSI, if that is what it is, their collection efforts will cease. With SSDI, they might try and succeed at a garnishment. Hopefully, you didn't draw too many weeks before the second decision and there shouldn't be any penalties involved so maybe you don't owe much.

YES you are right on all of what you said. I should have dealt with this situation then instead of now, However I suppose I will contact them and explain the situation and see if they will drop it. But if they won't I am on SSI, so they really can't do anything. Thanks for the advice.

 

[commentator]

Yes, the quicker you communicate your circumstances to them directly and they are able to document that they've made a good faith effort to collect this overpayment and that it is officially uncollectable, the sooner they'll leave you alone and you'll be able to quit worrying about it.