Appealing an Unemployment Overpayment
If you have an unemployment overpayment problem, you can fight this decision by filing an appeal. You have other options, too. You can read about those options on this page.
What's an appeal?
An "appeal" means asking a judge or a group of judges to review a legal decision you disagree with. The right to appeal decisions made by state courts, federal courts, and state agencies (like the Oregon Employment Department) is a fundamental part of our U.S. legal system.
By going through an appeal, you can reverse or change a part of the overpayment decision. A judge can say you don't have to pay the money back or that you owe less money.
Appeals involve three basic steps:
- Start the appeal by filing paperwork
- Have a hearing with a judge
- Get a written decision from the judge
How do I file an appeal?
You can file an appeal using any of these methods:
- Online: Use your Frances Online account, or if you have trouble logging in, you can turn in your appeal using the "Message the Oregon Employment Department" form.
- Phone: Call 503-947-3149 and leave a message.
- Mail or fax: Print and fill out the "Unemployment Insurance Benefits Request for Hearing" form and fax it to 503-947-1335 or mail it to Unemployment Insurance Hearings, P.O. Box 14135, Salem, OR 97309.
When you file your appeal, you'll need to provide:
- Your Social Security Number or Customer Identification Number
- Your letter I.D., which is the number on the overpayment letter sent to you
- The date of the decision, which is usually the date on your overpayment letter
- Brief information about why you are appealing
- Dates and times that you will not be available for a hearing in the next year
What's the deadline to file an appeal?
You have only 20 days from the date on the overpayment letter or decision to appeal. If you miss this deadline, you may still be able to file an appeal if you have a good reason.
Jump to the bottom of this page to learn more about filing a late appeal.
What happens at an appeal hearing?
The appeal hearing is your chance to prove to a judge that the Employment Department got something wrong in your case. At your hearing, you can testify, have witnesses testify for you, and present other evidence. A representative from the Employment Department will also be there. They can testify, present evidence, or call witnesses too.
Your hearing will be by phone or video, not in a courtroom. It will usually be one hour or less.
How do I win my unemployment overpayment appeal?
There are many ways to win your overpayment appeal. You can win by convincing a judge that any of these things are true:
- You weren't overpaid
- You owe less than what they say you owe
- The overpayment was caused by a mistake
- The Employment Department didn't follow the law correctly
- You didn't commit fraud
To prove any of these things, you need evidence. The more reliable evidence you have, the better your chance of winning your appeal. For example, if you testify about something and then have a witness and documents that back up what you're saying, this makes your case strong.
Your evidence can include any of these things:
- Your testimony
- Testimony from witnesses
- Documents and records
- Letters, emails, or other communications
Visit this page for more information on preparing for a hearing.
When will I get a decision?
It may take a few weeks after your hearing to get a decision. The decision will be mailed to you. The decision will let you know the outcome of your hearing. The judge will also explain their reasoning for the decision. If you disagree with the judge's decision, there will also be instructions for how to ask the Employment Appeals Board to review your case.
More FAQs about overpayment appeals
It varies. For some people, it takes a few weeks, while for others, it can take more than one year.
If you miss this deadline, file your appeal anyway! You'll need to go through some extra steps and provide a good reason for missing the deadline, but there's a good chance you can still go through the appeals process.
If you turn in a late appeal, you'll get a notice from the Oregon Employment Department that will make it sound like your case is being dismissed and you can't appeal. But read the notice carefully. It will tell you how to explain to the Employment Department why you filed your appeal late and how to get your case reinstated.
- Start by rereading your overpayment notice. Your overpayment notice will explain why the Employment Department thinks they overpaid you. It will also tell you the Oregon Administrative Rules and Oregon Revised Statutes that apply to your case.
- Next, read the rules and laws that apply to your case. This will help you understand your rights and whether the Employment Department followed the laws.
- Last, gather evidence. You'll need evidence to prove the Employment Department messed something up in your case. Your evidence can include:
- Your testimony (what you say at the hearing)
- Testimony or letters from witnesses
- Documents and records
- Letters, emails, or other communications
Visit this page for more information on preparing for a hearing.
Contact a lawyer. Sometimes, even a short phone call or consultation can help steer you in the right direction.
- If you can afford to pay a lawyer, you can call Oregon's Lawyer Referral Service to get referred to a private attorney who may be able to help you with your claim.
- If you can't afford a lawyer, call Oregon's Public Benefits Hotline for quick, free advice and information about your case.