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Folks, as far as filing a request for waiver etc., I am not saying what is right or wrong but I'm going to tell you that I sent a simple e-mail to esc.public.appeals@ncesc.gov for my case.
My logic is this. The OP letter says waivers are handled by ESC Regulations Nos. 20A and 20B and govern the content and procedure for filing a petition for the waiver.
20A.12 (B) states that "The claimant's petition for waiver must be filed in the same manner as is required for appeals from decisions of Appeals Referees under Regulation No. 14.25(E) no later than ten (10) days after the date the determination provided in (A) above or any subsequent decision on appeal becomes final."
And that leads to the blue brochure which lists the above e-mail address on how to file an appeal and thus (hopefully) how to file a waiver.
Sending e-mail to that address also gets you an auto-reply that states:
Your email message has been received by the Appeals Department of the Employment Security Commission of North Carolina. Your message will be processed as soon as possible. There is no need to fax or mail a duplicate message.
I like the idea of a paper trail and less stress than the telephone.
Was it needed? Was I correct? I don't know but for me I thought it the best way to go.
And that leads to the blue brochure which lists the above e-mail address on how to file an appeal and thus (hopefully) how to file a waiver.
Sending e-mail to that address also gets you an auto-reply that states:
Your email message has been received by the Appeals Department of the Employment Security Commission of North Carolina. Your message will be processed as soon as possible. There is no need to fax or mail a duplicate message.
I like the idea of a paper trail and less stress than the telephone.
Was it needed? Was I correct? I don't know but for me I thought it the best way to go.
I might just do that...so that, at least I can say I sent them something before the deadline...in case its an issue at some point in the future. I'll even say that there are conflicting reports on if I need to file a waiver or not, so I'm going to just send this. It creates a paper trail...so thats better than nothing.
On the other hand...when I check their questionable FAQ's...they mention that if you sent them any money to pay for the OP...it will be refunded back to you. So why would we send a waiver? It really doesn't sound like we need to much of anything. So confusing...
Edit: Just sent them a email explaining that there had been conflicting reports about whether or not we had to file a waiver and that I never did. I added that, "if I was absolutely supposed to file the waiver...can I get an extension and do it early next week?". I think I should be ok at this point...but it's better to be safe than sorry with these nutty people.
Here's what I have learned:
I was recently left a msg by an ESC rep, Joanie, about getting back the $$ that was removed from my check, since they took more than 50%. Joanie did a good job for me earlier in the year in fixing a mixup regarding a mistaken claim of overpayment caused when a different rep redated the my year 2 claim, which I had started late due to lack of info. She might be one of the few to have a clue at the ESC. She said that to get back any funds that were removed, you had to file a waiver. She did not indicate what percentage of waivers would be accepted (this was on vm; my phone is broke so I haven't been able to speak to her, just trade voicemails).
************************************************** ******
Email I Sent:
To: esc.ui.customerservice@ncesc.gov
Subject:Overpayment Waiver
I request and believe that I deserve this waiver due to the fact that I am not responsible for causing the overpayment. It was done without my knowledge or consent, but the repercussions of someone else's mistake are causing me financial hardship. Thank you.
Recently I received three letters stating various amounts of overpayments of my unemployment benefits. Although you are probably already aware, there are some calculation or programming problems regarding this issue that I thought I should document in this email.
1) In the last 2 letters, the overpayment was calculated as $33 per week; in the first letter, it was $63.46 per week. My check amounts for these weeks were always $507, so this is not due to any changes in my original check amounts or qualifications for these weeks in question, and since checks are rounded to the nearest dollar, the first letter seems to be in error.
2) Although it states on these letters that up to 50% of my benefit amount may be removed from my check until the overpayment has been cleared, I actually only received 29% of my base benefit (not including the $25 supplement) in my last unemployment check for the week of Sept. 25th. The check was for $142 plus the federal supplement of $25 for a total of $167. I normally receive $482 plus the $25 for a total of $507.
3) In a letter sent to me on Sept 22, the overpayment deducted from my check was listed as $142, when in fact it was $340 that was withheld towards the overpayment. However, on my Benefit History page, my check amount for that same week was listed correctly as $142.
I was told to request a waiver of the overpayments owed by sending this email. I am in my financial straits due to the 70% deduction of my last check, and now my phone's charger port is broken and I have no working phone. My phone company will not assist me until I pay the phone bill, which would have been paid in my Sept 25th check had it been equal to at least 50% of my normal check. I began calling 2 weeks ago upon receiving the letters, but was only able to leave a voicemail last Friday, and received a voicemail today explaining about the waivers. I understand the demands that have been placed upon you due to these programming errors made by others, and sympathize with the extra workload this has created for you. However, I would greatly appreciate any and all help. My information is as follows.
[name, address, phone, last 4 digist of ssn, and email address given]
The information in the overpayment letters is as follows:
May 15-Aug 7: $825 (13 weeks/$63.46 per week)
Aug 14-Aug 14: $ 33 (1 week/$33 per week)
Aug 21-Sep 18 $165 (5 weeks/$33 per week)
Thank you very much for your time and assistance!e
************************************************** *********************************
Email Response Received Today:
Subject: Esc ?
From: Danny Coleman <danny.coleman@ncesc.gov>
To:[my email address]
Hello, Ms. [name]
You will be please to know that further deductions have been suspended. The decision to forgive the excess benefit payments has not been firmly decided so we do not yet know either whether funds already deducted will be returned.
Your request to waiver the deductions has been submitted.
I just got back from going to ESC to file the waiver. Two women spoke with me and told me that the waiver must be filed to be considered for repayment and any further deductions for OP. They said it will not stop or halt my benefits and that many people are getting misinformed through this whole process. She gave me the form, said print your name, write a short blip that you don't feel you're responsible for the OP's and that you don't feel you should have to pay it and would like to be refunded. Thats it...sign and date.
If you haven't, just be on the safe side and email what I just wrote or something similar.
Yeah, you all kicked me into gear to send a follow up e-mail to the customer service e-mail address, just to be on the safe side. I made a note at the top just saying that I had previously sent the e-mail questioning on whether or not I had to submit these waivers...but I decided to just send this e-mail as my waiver, just in case I miss the deadline and I was supposed to send it by the 8th.
My waiver was not nearly as wordy as renniegirls...but it's stated that I request a waiver for those overpayments since it was not my error...and I listed the three and my address and stuff.
Again. Be safe or sorry. Watch, now I'll get a letter on Wednesday stating that my waiver was denied and they're taking all of my benefits from me that wouldn't have happened had I not submitted my waivers.
Yeah, you all kicked me into gear to send a follow up e-mail to the customer service e-mail address, just to be on the safe side. I made a note at the top just saying that I had previously sent the e-mail questioning on whether or not I had to submit these waivers...but I decided to just send this e-mail as my waiver, just in case I miss the deadline and I was supposed to send it by the 8th.
My waiver was not nearly as wordy as renniegirls...but it's stated that I request a waiver for those overpayments since it was not my error...and I listed the three and my address and stuff.
Again. Be safe or sorry. Watch, now I'll get a letter on Wednesday stating that my waiver was denied and they're taking all of my benefits from me that wouldn't have happened had I not submitted my waivers.
Frunk, I'm confident that filing or emailing the waiver is the right choice. I don't feel they could legally take money because of filing a waiver. Do you really think they want a bigger scandal than they have had over the last few weeks? They just wanna get past this asap without having to man extra staff to fix yet another mess. IMO anyway.
Frunk, I'm confident that filing or emailing the waiver is the right choice. I don't feel they could legally take money because of filing a waiver. Do you really think they want a bigger scandal than they have had over the last few weeks? They just wanna get past this asap without having to man extra staff to fix yet another mess. IMO anyway.
Yeah, I know...I'm kinda partly kidding about that. But they had no problem starting to take money in the first place...so I'm still pretty leery on what they're doing. I guess you can say I always feel like I'm on defense when it comes to them. You're right though.
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