I Should’ve Been a Lawyer

This blog is essentially 4 years in the making. So grab your popcorn, your favorite drink, and pop a squat, because this is long and a doozy. However, one that will be worth your time.

Put yourself back into 2020 for a moment. It’s late March, there’s a global pandemic, the country is essentially shutting down, and nearly everyone is filing for unemployment. I was no exception to this.

After talking with some of my coworkers at the time about everything that was going on and the uncertainty of our job, and income, they informed me they’d be filing for unemployment and advised I do the same. Knowing that the State of CT would be shutting down all non-essential business pretty soon, I figured that was probably the best decision. That was the beginning of April.

3 weeks. That’s how long I collected unemployment before returning back to work.

Some things to note:

• During the 3 weeks I had collected, there was a “bonus” of $600 in addition to what unemployment was paying per week
• I opted to have taxes deducted from all payments received so that I was not stuck with the bill come tax season
• When I filed for unemployment, I did so by following directions explicitly stated on the CT Department of Labor (DOL) website for those filing due to COVID-19
• I worked part time hours during those 3 weeks, and when I had filed I had entered in my expected hours to be worked based on my work schedule
• Because I filed due to COVID, I was told that I “should not file weekly claims”, as is standard with unemployment, and that “if at any time your return to work date changes or you are working for another employer, you must notify the DOL immediately to avoid any overpayment”

As someone who has never filed for unemployment before, I submitted a request online asking for some guidance and confirmation I did so correctly as I didn’t want any issues.

I got a response confirming my return to work date that let me know I should enter my hours worked on my weekly claim. I responded that I am unable to file a weekly claim and express, again, that I want to ensure everything is correct so I don’t have any issues in the future.

When I found out I’d be returning to work full time, I went into the DOL portal, signed in, and cancelled my claim to avoid overpayment.

A few days after I had cancelled my claim, I had received an email that unemployment would now be resuming the weekly submissions. Since I had cancelled and returned to work, I disregarded this notice since it no longer applied to me. That was the end of April.

In the beginning of May, I submit another request online expressing my concern to make sure everything is correct and accurate as I don’t want to have any issues now or in the future.

Weeks later I get a response that if there is an overpayment I’ll get a letter in the mail. It was noted that “due to the pandemic, it may take several weeks”. That was the end of May.

Imagine my surprise when almost a year later, in April 2021, I get a Predetermination Hearing Request stating I owe $4,366. I’m not sure how this number was calculated, nor do I believe I owe anything, so I appeal it via mail as required.

Months later, in June, I receive an Overpayment Decision Letter stating that I “failed to participate in a hearing” and owe $4,071. I’m confused as I was never notified of a hearing despite appealing the first letter. I’m double confused as this amount is different. So I appeal this letter via internet as required.

A month later, in August, I receive an Unemployment Compensation Overpayment Statement stating I still owe $4,071. I try calling the number on the notice and get an automated message directing me online before hanging up. I submit an online request for an update.

Another month later, in September, I get a response via email that my appeal from April (to the first letter) was received, and I’d be notified in writing when a hearing was scheduled.

So just to confirm – I got a notice that I owed, I appealed it, I got a notice that I failed to participate in a hearing, and then, I got a notice that I’d be notified when my hearing was scheduled.

I respond to the email asking why I received a letter about my failure to participate in a hearing if they received my appeal and still hadn’t scheduled a hearing. Something just isn’t adding up.

A few weeks later, I receive 2 different letters for my Mandatory Repayment Schedule. One states I was overpaid $1800, and my monthly payment is $140. The other states I was overpaid $2271, and my monthly payment is $160. Payments are due in 30 days or an order from the Supreme Court would allow my wages to be garnished.

So to confirm – I’m expected to pay $300 a month for an overpayment that I completely disagree with, and if I don’t pay that, the Supreme Court is going to take it anyways, even though I haven’t had a hearing.

I immediately set up an appointment to talk to someone from the DOL, because the math is simply not mathing here. I spoke with a gentleman who told me to email the DOL and fax my paperwork to the Benefit Payment Control Unit (BPCU), both of which I had already done, and that once it went to the BPCU, it was out of everyone else’s hands. Even though I had already done both of those things, I did them again. That was the end of September.

In the beginning of November, I received 2 more letters still stating I owe $2271 and $1800. It now says if I don’t pay in full in 30 days, the DOL will file a wage execution. I filed another online request, and when I receive a response, I’m told all further issues need to be addressed with the Appeals Division.

I call the number provided and am told that my SSN isn’t in the system so if my appeals have been received, they haven’t been processed (even though they were submitted over a year prior). Therefore, she can’t help me.

So to confirm – I was told that I needed to direct all questions and issues to a department that then told me there was nothing they could do to help.

I set up another appointment for a call with the DOL. She says she can see wages from 2 different jobs, and states I must have had 2 jobs at the same time. I inform her that’s incorrect as I left my job in August 2020 and got a new one. She claims I filed weekly claims during my unemployment, to which I inform her I didn’t because I couldn’t. She then claims I am wrong because only the job search was paused, and I was receiving weekly emails to submit my claims. So she doesn’t know what she’s talking about.

By this time, I determine that the amount they are claiming I owe was the gross amount of my unemployment, including the bonus. Remember when I stated I opted for taxes to be taken out? Well even though they were, the DOL expected me to pay them back. Even though I never actually received that money.

Oh, and the cherry on top? The IRS later deemed unemployment during this time to be tax free. So actually, I should’ve gotten that money back. The lady on the form suggests that I physically go to the BPCU and speak to someone. She says if I tell them I was referred there I shouldn’t have any issues. She claims I’m being “punished” because there were other weeks that wages weren’t reported. She then said that the 2 weeks after my last payment was actually held because I didn’t submit a claim – even though it was held because I cancelled my claim upon returning to work.

It is at this point I begin to think the reason for this situation is because my employer at the time is fighting my claim – months after it was processed.

She still suggests going to the BPCU and telling them the overpayment is seemingly being triggered by me cancelling the claim. She states they’re going to ask me why I cancelled the claim. I tell her because I no longer needed it, which was the right thing to do. Or so I thought. She says they may be able to provide a waiver to have the amount waived.

So I get out of work an hour early one Friday and head to the BPCU as advised. Apparently, they only work until 4pm on Fridays (go figure), so the guard at the front gave me a sheet to write my information for a call back. Spoiler: I never got one.

A few days later, I get an email that states there’s nothing more that can be done until my appeal is processed and a decision has been made. I respond asking for confirmation that this means I will not be expected to pay and my wages won’t be garnished, because I can’t possibly be expected to pay for something I’ve appealed multiple times when I haven’t been granted my hearing as I lawfully should be. I receive confirmation that is correct. That was the end of November.

3 months later, in February 2022, I receive a response to an email I sent back in September. This email states that my appeal via internet (2nd appeal I submitted) was received and is waiting to be processed. She states that because I was found to be overpaid, and my appeal was submitted after the case was finalized, that collection efforts would continue until the appeal is completed. She then says because there are so many appeals, it could take several months to schedule.

To confirm – my appeal was not submitted after the case was finalized. I submitted all appeals immediately after receiving the notices, and well before the deadline to do so. Also, it’s funny she said it could take months to process when it had been nearly a year since my initial appeal was submitted.

I respond to the email asking for clarification as the issue with my situation is the fact that the case was finalized without me ever getting a hearing. She responds stating that their records show my appeal was submitted after a decision was made and that until a decision has been made regarding my appeal, I am responsible for the overpayment. My initial appeal is not mentioned at all.

I respond stating this was the second appeal I submitted when I was informed I ‘failed to participate in a hearing” that was never scheduled. I inform her it has been confirmed to me already that since I haven’t actually had my hearing I am not expected to pay anything and no further action will be made. She replies back stating my appeal has been processed, and I’ll get a letter in the mail when a decision has been made. She states if I don’t agree with that decision, I’ll be able to appeal with the Board of Review. That was the end of February.

Months later, in June, I finally recevie a letter from the DOL granting me a hearing. I notice there is no employer noted on the letter, so it appears this hearing is me vs DOL. It claims the following issues will be addressed:

• Whether I was overpaid, through error, while ineligible for benefits or received a greater amount of compensation than was due to me
• Whether I am liable to refund the overpaid amount, whether the overpayment should be recovered via future benefits, or whether the overpayment should be waived.

They also include a waiver questionnaire to be completed and faxed as well as a handwritten note stating all income in question is for Dec 2020 – June 2021.

To confirm – this makes absolutely no sense. I collected in April 2020, so what does income received (in a completely different job) from months later have to do with my case? That is nearly a year after my benefits were paid to me. I theorize that maybe they actually meant Dec 2019 – June 2020, which would make slightly more sense, however, at this point I fully believe they are completely incompetent and have no idea what is going on at all.

One of the questions on the waiver asks if I was “overpaid as a result of gross admin error either by the Unemployment Department or the Appeals Division”. Considering I believe my employer at the time is disputing my claim because they’re also incompetent, I don’t think the answer to this is yes. I fax all of my documents as required for my hearing.

About a week later, I have my hearing. It is just me and the referee from the DOL. We are discussing my situation and claim, and I explain that when I returned to work full time I cancelled my claim.

The referee asks me why I did that, and I explain that was my understanding of how unemployment works. You file when you need assistance (like being laid off or living in a worldwide pandemic), and you cancel when you don’t (like when you get a job or return to work full time as normal).

His response? “Why would you think that?”

This question literally made me question my entire existence.

It is at this point I realize the real reason this overpayment came to be.

Because I cancelled my claim.

Apparently my cancelling of the claim triggered the system to believe I never needed the unemployment and, therefore, was not entitled to it and needed to return it.

I explain to him that, again, this was how I understood unemployment to work. I didn’t want to abuse the system. By not cancelling my claim, I would’ve continued to collect even after I had returned to work full time.

In hindsight, I totally should’ve continued to collect. I should’ve waited out the 2 weeks until weekly claims were required again, collecting free money, and then just not submitted them. I should’ve abused the system. If I had, I wouldn’t be in this situation at all.

Another month later, in August, I get a Statement of Benefit Overpayment in the mail. It states I now owe $1800 and need to remit payment in 30 days. It appears to me that the result of my hearing (even though I hadn’t officially been notified) was that the actual unemployment part of my claim was waived, but I was expected to pay back the “bonus” part. However, given that there is nothing on this notice that references my hearing, and my previous assumptions of how this should work were incorrect, I schedule another call with the DOL.

On my call, I am advised to file an appeal online. When I try, I am given 3 options for dates:

1. 6/21/21 for $0
2. 7/22/22 for $1800 that states “federal overpayment”
3. 6/21/21 for $1800 that states “back pay award”

I’m unable to select the one dated 7/22/22, even though that appears to be the one related to the notice. I am advised to select the one dates 6/21/21 since that’s when the overpayment began. It is confirmed to me that I will not be expected to pay anything while waiting for an appeals decision.

About a week later, I receive a letter in the mail of a Notice of Receipt of Appeal to Referee. This seems to be confirmation of the appeal I had just submitted. It states the referee now has that admin’s file, and if my appeal was filed past the deadline, the referee would determine whether a hearing would be scheduled. Since my chosen date was 6/21/21 (since I couldn’t select the one I actually needed), I presume they will consider my appeal late – if they didn’t read the notes I included in my appeal. The letter also states that I will be notified when I have a hearing and that it will be held from the beginning. That was the beginning of September.

2 months later, in November, I receive a document at work (I’m in HR) for employment verification for possible wage garnishment. Imagine my surprise, again, when the employee is me. Considering I still hadn’t been notified of a hearing, and I’ve been told I’m not expected to pay and won’t have wage garnishment, I’m a little confused. So I submit a request online inquiring about the status of my case.

I get a response from the BPCU telling me all questions need to be directed to the Appeals Division. Sound familiar? I’m provided a phone number, and when I call, I’m told, rudely, that the wage garnishment notice comes from a separate department (the DOL) than unemployment (BPCU). She essentially tells me she doesn’t think these two things are related (lol) but that in order to get confirmation, I would need to call adjudications.

I express to her that I don’t think anyone reads the comments I’m leaving on my submissions, because no one seems to ever know what’s going on. She proceeds to tell me my hearing is being rescheduled because I missed it – even though I didn’t, therefore proving my point. I explain to her my situation and that I believe a decision was made (since I got a letter with a different owed amount after my hearing) but I wasn’t notified. She tells me she can see my hearing from July, but that no decision has been made. She said she’ll mark it for the referee and leave a note that I called, asking him to make a decision. She confirms I’ll be notified by mail when it is. She advises again to call Adjudications regarding the garnishment notice, because I’m actually “dealing with 3 departments”.

Not surprising, because it’s obvious none of those departments talk to each other at all.

She gives me a number that’s supposed to get me directly to an actual person, but when I called I just got the voicemail. A few days later I speak with a woman named Catherine (we love Catherine – she deserves a raise).

I asked her about the letters, and she confirms they’re related (reminder: the other lady told me they weren’t). I explain to her that I keep getting contradicting information from everyone I speak to. She tells me a “decision can’t be made overnight because the referee needs to talk to the other departments like unemployment, BPCU, and Appeals”.

However, I’ve talked to every single one of those departments, and the only thing they seem to know is that they’re waiting on the referee’s decision and can’t do anything to help me.

Me: “So Unemployment, BPCU, and Appeals are all waiting on the referee, but you’re telling me the referee is waiting on all 3 of them?”

C: “Right”

Cool.

She tells me she’s going to talk to her supervisor and get back to me. Hours later, she does.

She informs me my case is being given back to the BPCU, and they are 100% handling my case moving forward. They will reach out to me directly, either by email or phone. There’s no direct line or way to reach them specifically, and it’s going to take a chunk of time to process. Not likely years, but months. It’ll be a while. I should get notified of the transfer via mail.

“It’s a BPCU issue to begin with, so it’s going back to them and they’re handling everything from here on out until they get back to you. Nothing’s going to happen until then, and there’s nothing more you or any other department can do other than wait for them to reach out.”

So I did exactly that. That was November 2022. (big shoutout to Catherine for being the first person in this never ending process to actually get $hit done and give me answers)

I live my life for a year and a half. I get engaged, I plan a wedding, I get married in 2 months.

March 2024 I received a Refund Offset Notice from the Department of Revenue Services (DRS) letting me know my CT Income Tax refund was stolen by the DOL. I call the number and receive an automated system talking about overpayment assistance and directs me to go online.

Here we go again.

It turns out the DOL stole my income tax refund as part of my “overpayment” case even though I have not been notified about any update in my case in nearly a year and a half.

And even though Catherine told me nothing would happen while I was waiting for a response.

HOW can the DOL steal my tax refund for a case that hasn’t been decided yet? When nothing has happened for this long?

I call the DRS about this notice and am told they can’t help me (even though the notice came from them) and to call the DOL and submit a form online.

Luckily when I filled out the form there was a box that said “Why did you take my income tax refund?”. Obviously, this is not uncommon.

I didn’t provide any additional information and submitted the form, then I scheduled a call with the DOL.

I speak with a fellow named John. We LOVE John.

I explain the situation to John and ask him how is it possible that my refund was taken without a final decision being made.

He stated it was because of the outstanding overpayment on my account.

I asked why I wasn’t notified about said overpayment (because as of November 2022 everything was on hold until further notice and my account wasn’t impacted) and how it was outstanding.

He says everything was finalized back in 2021.

This is simply not true.

I explain to him my entire situation. From start to finish. Essentially the way you’re reading it now (if you’ve made it this far lol).

He confirms my information is correct – Appeals remanded my case back to the BPCU where they’re processing it, and there have been no correspondence since.

He says he is going to take care of this for me. He’s going to personally look over my entire case, from the beginning, figure out what’s going on and get back to me. He asks me to keep our email thread open and emphasizes I can reach him directly there.

I explain that we’re nearly 4 years to the day now and that even though they believe with their whole heart that I was overpaid, I wasn’t. How I’m not sure how it stands to reason that cancelling my claim would discredit the 3 weeks I did collect and how every person I’ve talked to has no information at all or the wrong information, and how I seem to be the only person who knows anything about my case.

He asks me the same question everyone else has asked me.

“What was your intention when you cancelled your claim?”

If you have made it this far, please leave a comment on whether you knew you should not cancel your claim when you no longer need unemployment.

I tell him the same answer I’ve said numerous times already.

“That was my understanding of how unemployment works.”

Seriously, am I the only person that didn’t know that’s how it works???

I tell him that truthfully the only thing I have learned from this entire process is that I never should’ve cancelled my claim and should’ve continued to collect until the weekly requirements came back and then just not submitted them. Because I thought I was doing the right thing – and still do – but that I’ve experienced nothing but anxiety, stress, and punishment for doing so. I’m extremely frustrated with the entire situation and just want it to be resolved and out of my life.

He reiterates that he will get this figured out for me.

He confirmed he can see it was remanded back to the BPCU in November 2022 but couldn’t see anything after that. He’s going to get to the bottom of this for me.

Shortly after we get off the phone, John sends me an email to keep the thread open as a direct line of communication while he evaluates my case.

We love people who follow through.

Hours after that interaction, I get an email from the BPCU.

It notes they’re working on resolving my issue and can see the remand from 2022 and the intercept (of my taxes). It mentions a refund. It states that “from the preliminary research they did, I was possibly overpaid due to under-reporting your wages/commissions, but there is no indication from your employer how much was commissions and when it was earned. You attempted to alert the DOL via email in May 2020 that you may be overpaid. The cancellation request you submitted was not to cancel your claim but to alert us to a return to work. As a result, this isn’t a backpay situation. As the audit was done outside of the 12 month statutory non-fraud audit period, it wouldn’t be appropriate to re-examine the audit at this time. Final review for overpayment cancellation will be done early next week, pending the update for your refund. 

Holy $hit… is this what I think it is?

I forward the email to John who then calls me and tells me it is.

He was able to corroborate every single thing I said. Every notice I mentioned, every email or appointment sent, everything regarding my case. He agreed that it was as crazy and incompetent as I believed it to be.

He said because of this, he made the final decision to waive the amount completely and wipe my account clean. I would no longer have an overpayment on my account, and the case would be closed.

It would finally be over.

So again I say, we LOVE John. John deserves a raise.

He said I should receive a final letter in the mail notifying me of the closure of my case.

A few days later I received a letter that stated the following:

“On June 21, 2021, your account was assessed a back pay overpayment. After a review from a higher authority, this decision was remanded back to the BPCU per Referee Decision #xxxx dated November 21, 2022 (which is when I talked to Catherine). Based on additional information and/or review of the record, the overpayment decision has been cancelled. Please disregard the Overpayment Determination Notice dated June 21, 2020 which informed you of a $4,071 overpayment. If a new overpayment is detected (which it won’t be), a new notice of Overpayment Predetermination will be mailed to you. We will provide you another opportunity to redress any resulting overpayment. We regret any inconvenience this matter may have caused you.“

WINNER WINNER, CHICKEN DINNER

Sound the alarms. Pop the confetti.

The decision that I wanted has finally come to fruition, as it should have.

I would not have to pay *well deserved* unemployment back to the government.

Which, just a note, I actually used nearly half of that money to pay off student loans, so essentially, the government got it back anyways. But I digress.

I would not have to check my email and mail every day with anxiety wondering if it’ll be the day I finally hear from them.

I won the battle.

Now to be honest, with the way this case was going, I was fully ready to be going to court.

I had all the facts of the situation. They didn’t. They fully believed I owed money, and I didn’t. That was a hill I was ready to die on. I was not paying this money back. Because I shouldn’t be in this situation in the first place.

I dreamt of the day I represented myself in front of a judge against the DOL to state my case. That may sound dramatic, but I’m serious. Nearly my entire life, people have said I should’ve been a lawyer. This was going to be my chance to prove that true. I spent a year and a half preparing.

So to say I’m disappointed it didn’t actually get that far is… bittersweet. I’m happy it didn’t get that far, because it shouldn’t have even gotten this far. However, it would’ve been sweet to be able to live out my vision and truly “stick it to the man”. I was ready to come guns blazing (obviously not really though… you know the saying).

All in all, I am beyond grateful this process is over, and we got what we wanted in the end.

I’m even more grateful if you stuck around all the way to this point in the story. It truly means a lot. Just know that you’re in the top percentage of people for doing so 😉

If there’s anything that I took away from this story, it’s to never do the right thing.

Kidding… kind of.

The system doesn’t always work in favor of those it should. The ones who deserve it. Sometimes those that abuse the system ruin it for others. Sometimes the system quite literally does not make any sense.

If there’s anything to learn from this it should be that the system needs to be fixed.

There’s a tangent there where I say that to change the system you need to vote for that change, but I won’t go there. This is already long enough. Although, you may be interested to know I did email the Governor about my case pleading for him to put an end to it…if you want to hear that story, drop a comment and let me know. Okay, now I’m done.

Thank you Universe for putting an end to this nightmare.

Thank you Catherine and John for being the only people to actually help me.

Thank you good karma for coming to me when I needed it.

Thank you reader for sticking around this long.

Until next time ❤