1. Overpayment if received benefits pursuant to favorable decision by adjudicator which later is reversed by Appeals Referee or the Board of Review.
2. Overpayment if received benefits prior to adjudicator’s decision and then disqualified.
3. Overpayment if received benefits while ineligible. (Able/available issues)
4. Appeal or Waiver of Overpayment
a. You can appeal or request for a waiver.
i. No previous decision by adjudicator, ask for waiver if there was no fault causing overpayment.
ii. DES error - ask for waiver.
b. The claimant must petition for the waiver 10 days after the date of the determination.
c. The petition shall be filed with the Benefits Inegrity Unit. It shall state the grounds for a waiver.
d. If claimant has appealed the overpayment has to submit the waiver after the decision on appeal becomes final.
5. The standard:
a. the degree jof claimant's fault in creating the overpayment.
b. Collection of the overpayment would be against equity and good conscience.
1. May appeal, but do not ask for waiver.
2. Appeal of disqualification and overpayment heard at the same hearing.
i. Whether the party received benefits to which he/she was not entitled and;
ii. Whether the party made a false statement or knowingly failed to disclose a material fact for the purpose of obtaining benefits.
b. If lose DES hearing, you may appeal to the Board of Review, which may affirm, modify, or reverse the decision. Recommend to consult with a criminal attorney after losing the DES hearing.
c. Substantial likelihood of referral to District Court Attorney.
d. If convicted, obtaining employment will be more difficult. Payment will be a condition of probation.
e. Ineligibility of benefits for 52 weeks.
To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.