Unemployment overpayment rules by state
Every state's appeal deadline, waiver rule, and filing method — compiled from the state agencies' own published rules and statutes, verified October 2026. Deadlines count from the date printed on your overpayment notice. If your notice states a different deadline, the notice controls.
The pattern: 31 states + DC forgive non-fraud overpayments that weren't your fault. 17 limit forgiveness — often to federal pandemic-era benefits only. Three states (Minnesota, Mississippi, West Virginia) offer no waiver at all. Fraud overpayments can never be waived.
| State | Appeal deadline | Waiver? | The waiver standard | How to appeal | Source |
|---|---|---|---|---|---|
| Alabama | 15 days | Yes | without fault + collection contrary to equity and good conscience | online portal, or written appeal by fax, mail or in person | Agency source |
| Alaska | 30 days | Yes | acted in good faith + recovery against equity and good conscience (or claimant deceased) | phone, fax, mail or email to claim center or Appeals office | Agency source |
| Arizona | 15 days | Limited | only 'administrative' (not-at-fault) overpayments: not at fault + against equity and good conscience | online (CACTUS portal), by phone, fax or mail | Agency source |
| Arkansas | 20 days | Limited | without fault + recovery against equity and good conscience (statute bars recovery by deduction from future benefits) | written notice of appeal to Appeal Tribunal or any DWS office | Agency source |
| California | 30 days | Yes | not at fault and not due to fraud + repaying would cause extraordinary hardship (income-tested) | in writing by mail - Appeal Form (DE 1000M) or letter to address on notice | Agency source |
| Colorado | 20 days | Yes | division may waive if repayment is inequitable (financial condition, detrimental reliance, division error, etc.); false representation excluded | online (MyUI+), or by mail or fax | Agency source |
| Connecticut | 21 days | Yes | no fraud/wilful misrepresentation + repayment would defeat purpose of benefits or be against equity and good conscience + a listed condition (e.g. gross admin error, disability, family income at/below 150% poverty) | online via ReEmployCT, by mail, fax or in person | Agency source |
| Delaware | 15 days | Yes | recovery against equity and good conscience, or overpayment was result of Department error | in writing or in person at local UI office, by email, or via claimant portal | Agency source |
| District of Columbia | 15 days | Yes | received without fault + recoupment against equity and good conscience | mail, in person, fax or email to OAH | Agency source |
| Florida | 20 days | Limited | without fault + recoupment would defeat purpose of chapter or be inequitable/against good conscience (statute bars recoupment from future benefits; waiver request form for non-fraud) | online via RECONNECT or RA Help Center, by mail, fax, or in person | Agency source |
| Georgia | 15 days | Yes | no fault + contrary to equity and good conscience / financial hardship (repayment would deprive claimant of minimal necessities of food, medicine, shelter) | online portal, email, fax, mail, or hand delivery | Agency source |
| Hawaii | 10 days | Yes | received without fault + recovery would be against equity and good conscience (HRS 383-44(a) - claimant not liable if both met) | online at huiclaims.hawaii.gov, or written request by mail/in person to local claims office or ESARO | Agency source |
| Idaho | 14 days | Limited | department/agency error only or employer misreporting of base-period wages only, where claimant could not reasonably have recognized the error (Idaho Code 72-1369(5)); no general hardship/equity waiver | email, fax, hand delivery, or mail to Appeals Bureau | Agency source |
| Illinois | 30 days | Yes | without fault + recoupment would be against equity and good conscience (820 ILCS 405/900; financial hardship) | written appeal / Request for Reconsideration by mail, fax, or in person at local IDES office | Agency source |
| Indiana | 10 days | Yes | without fault + repayment contrary to equity and good conscience (DWD: household income 65% or less of Federal Poverty Guidelines; Ind. Code 22-4-13-1(i)) | online via Uplink Claimant Self-Service portal; waiver-eligibility and certain other determinations by mail, hand delivery, or fax | Agency source |
| Iowa | 10 days | Limited | no general waiver for regular UI - recovery is mandatory even if claimant acted in good faith and was not at fault (Iowa Code 96.3(7)(a)); non-recovery only if no fraud/willful misrepresentation, employer did not participate in the initial determination, and overpayment resulted from a reversal on appeal on a separation issue (96.3(7)(b)) | online appeal form, or written appeal by mail, fax, email, or in person to UI Appeals Bureau | Agency source |
| Kansas | 16 days | Limited | absence of fraud/misrepresentation/willful nondisclosure + either (after 5 years) collection would be against equity or cause extreme hardship, or at any time if claimant met all eligibility requirements during the overpaid weeks (K.S.A. 44-719(d)(1)) | written appeal by mail or fax to KDOL Office of Appeals | Agency source |
| Kentucky | 30 days | Yes | without fault (overpayment resulted from office error or auto-payment) + recovery contrary to equity and good conscience, including financial hardship (787 KAR 1:360) | written appeal by email, fax, or mail to UI Appeals Branch | Agency source |
| Louisiana | 15 business days | Yes | receipt not within fraud provisions + without fault + recovery against equity and good conscience; waiver issue is heard on appeal of the overpayment determination (R.S. 23:1713(B)) | online at LouisianaWORKS.net, by mail, or by fax | Agency source |
| Maine | 30 days | Yes | without fault in creation of overpayment + recovery would be against equity and good conscience (26 M.R.S. 1051 / MDOL waiver notice) | online via ReEmployME, email, phone, fax, mail, or hand delivery | Agency source |
| Maryland | 30 days | Yes | Claimant without fault + lacks ability to pay now and in the foreseeable future, or is likely below the federal poverty level and likely to remain there (COMAR 09.32.07.05) | Online via BEACON portal (Correspondence - File Appeal), or by email or letter to the Lower Appeals Division | Agency source |
| Massachusetts | 10 days | Yes | Without fault + recovery would defeat the purpose of benefits or be against equity and good conscience; DUA weighs whether repayment would make it hard to pay ordinary expenses, whether claimant gave up other benefits, or relied on the benefits for a financial decision | Online via Unemployment Services for Workers account, or by mail to the DUA Hearings Department | Agency source |
| Michigan | 30 days | Yes | Agency shall waive recovery if repayment would be contrary to equity and good conscience (MCL 421.62): (i) incorrect wage info without intent to misrepresent + employer gave no/inaccurate wage info, (ii) financial hardship (household income at/below federal poverty guidelines), or (iii) UIA administrative/clerical error | Protest online via MiWAM, or by mail or fax (protest must be received within 30 calendar days of mail date) | Agency source |
| Minnesota | 45 days | No | No waiver/compromise available: the commissioner may not compromise the amount of any overpaid unemployment benefits including penalties and interest (Minn. Stat. 268.18 subd. 6(a)); balance is cancelled only if non-misrepresentation overpayments remain unrepaid/unoffset after 6 years, or if uncollectible due to death or bankruptcy (subd. 4) | Online via applicant account, or by mail or fax to the UI Appeals Office | Agency source |
| Mississippi | 14 days | No | No waiver provision in Miss. Code Sec. 71-5-19: a person who receives an overpayment is liable to repay it or have it deducted from future benefits; only the collection method is at the department's discretion | In person at a WIN Job Center, by phone, or by mail or fax (signed letter) to the MDES Appeals Department | Agency source |
| Missouri | 30 days | Limited | Waiver only for non-fraud federal pandemic program overpayments (FPUC, PUA, PEUC, MEUC, LWA; weeks ending Feb. 8, 2020 - June 12, 2021) where the overpayment was not the claimant's fault and collection would be against equity and good conscience; regular state UI and Extended Benefits overpayments are NOT eligible for waiver | Online through UInteract, or by mail or fax | Agency source |
| Montana | 10 days | Yes | Department may waive recovery if (a) claimant did not conceal or misrepresent material facts and recovery would cause long-term financial hardship, or (b) the overpayment resulted from department error (MCA 39-51-3206(9)) | UNVERIFIED | Agency source |
| Nebraska | 20 days | Limited | No recoupment by withholding future benefits if the overpayment was received without fault and recoupment would defeat the purpose of the Employment Security Law or be against equity and good conscience (Neb. Rev. Stat. 48-665); the bar applies only to benefit-offset recoupment, not to civil action or tax-refund setoff collection | Online via NEworks (appeal must be received or filed online within 20 calendar days of issuance) | Agency source |
| Nevada | 11 days | Yes | Received without fault + recovery would be against equity and good conscience (NRS 612.365); DETR requires showing extraordinary hardship - loss of, or inability to maintain, minimal necessities of food, medicine and shelter; waiver also possible if uncollectible or administratively impracticable | Fax a signed, dated written statement (name, claimant ID, reason) to DETR per its overpayment page | Agency source |
| New Hampshire | 14 days | Limited | No no-fault/hardship waiver in statute; the commissioner may, with Attorney General approval, settle/compromise an overpaid benefit account by written stipulation as in the best interests of the state (RSA 282-A:29); interest/penalties/fees totaling $50 or less may be waived on the same basis | In writing, filed in any department office (RSA 282-A:48; NH Admin Code Emp 202.01) | Agency source |
| New Jersey | 21 days | Yes | not at fault (did not misrepresent or withhold material facts) + recovery contrary to equity / patently contrary to principles of equity (hardship considered) | online via NJDOL appeal application, or by mail to the Appeal Tribunal | Agency source |
| New Mexico | 15 days | Limited | no waiver for regular state UI in NMSA 51-1-38 (liability regardless of fault); waiver only for Trade/federal extension and CARES Act overpayments - without fault + repayment contrary to equity and good conscience (11.3.300.325 NMAC) | electronic filing via DWS claims website, by U.S. mail, or by fax (11.3.500.8 NMAC) | Agency source |
| New York | 30 days | Limited | not at fault + recovery contrary to equity and good conscience - federal benefits only; NYSDOL states overpayments of state (regular) UI benefits are not subject to this waiver | request a hearing online via NY.gov account (Claimant Request for Hearing), by mail, or by fax | Agency source |
| North Carolina | 30 days | Yes | non-fraud + overpayment not claimant's fault + good cause; waiver only after appeal period expires / appeal decision is final | online via MyNCUIBenefits account (Claims > View for Non-Monetary Determinations > Request Appeal) | Agency source |
| North Dakota | 12 days | Yes | Job Service/bureau may release the person from liability if recovery would be contrary to equity and good conscience (NDCC 52-06-33) | online via UI ICE, or in person, by fax, or by mail to the Appeals Section (Job Service claimant guide) | Agency source |
| Ohio | 21 days | Limited | no general waiver in ORC 4141.35; repayment/withholding not required only where the overpayment resulted from the director correcting a typographical/clerical error or an error in an employer's report (a separate pandemic-era no-fault waiver program existed) | online via unemployment.ohio.gov (File Appeal on the determination), by fax, or by mail to Benefit Appeals | Agency source |
| Oklahoma | 20 days | Limited | no general waiver of overpayment principal in 40 O.S. 2-613; only administrative overpayments (Commission/employer error or reversal on appeal) get limited treatment - offset only against benefits in the current and next benefit year, no interest, voluntary repayment allowed | in any manner allowed by 40 O.S. 1-224, or by telephone through the Commission call center / IVR (OAC 240:10-13-20) | Agency source |
| Oregon | 20 days | Yes | non-fraud overpayment + recovery against equity and good conscience / repayment would cause financial hardship (ORS 657.317; OED overpayments page) | online via Frances Online, via Contact Us form, by phone, or by fax/mail using Form 2602 | Agency source |
| Pennsylvania | 21 days | Limited | not your fault + classified non-fraud + repayment contrary to equity and good conscience (severe hardship must be proven) - listed federal programs only (DUA, FPUC, LWA, MEUC, PEUC, PUA, TRA), not regular UC | online from UC account, or mail/email/fax the Petition for Appeal, or in person at a PA CareerLink office | Agency source |
| Rhode Island | 15 days | Yes | no recovery if the director finds the person is without fault and recovery would defeat the purpose of the Employment Security Act (R.I. Gen. Laws 28-42-68(b)) | in writing, in person at or by mail to the Department of Labor and Training (Board of Review rules, 460-RICR-00-00-1); Board-level appeals also by fax or online | Agency source |
| South Carolina | 10 days | Yes | no fault / non-fraudulent + extraordinary financial hardship (recovery contrary to equity and good conscience) | Mail or fax Notice of Appeal to Appeal Tribunal form | Agency source |
| South Dakota | 15 days | Yes | without fault + inability to repay (family income below set standard, or extraordinary hardship) | Written appeal by mail or fax, or in person at a job service office; no phone or email appeals | Agency source |
| Tennessee | 15 days | Yes | not due to fraud, misrepresentation or willful nondisclosure + received without fault + recovery against equity and good conscience; written request within 90 days | Online through Jobs4TN e-Services, or written appeal by mail | Agency source |
| Texas | 14 days | Limited | No waiver for regular state UI benefits (state law requires recovery of all overpayments); waiver only for federal extended programs: no fault + repayment contrary to equity and good conscience | Online appeal portal, mail, fax, or in person at a Workforce Solutions office | Agency source |
| Utah | 15 days | Limited | without fault + inability to meet more than basic needs of survival for an indefinite period lasting at least several months; otherwise without-fault overpayments are recovered by offset from future benefits, not cash repayment | Online, mail or fax | Agency source |
| Vermont | 30 days | Yes | not at fault + repayment contrary to equity and good conscience | Written appeal filed with an appeals referee | Agency source |
| Virginia | 30 days | Yes | without fault (narrow statutory definition in 60.2-633) + requiring repayment contrary to equity and good conscience | Online via Customer Self Service, mail, fax, or in person at a Virginia Works office | Agency source |
| Washington | 30 days | Yes | not the result of fraud, misrepresentation, willful nondisclosure or fault + recovery against equity and good conscience | Online via eServices, mail or fax | Agency source |
| West Virginia | 8 days | No | No waiver provision - West Virginia law requires all overpayments be repaid; payment agreement only | Written appeal submitted to the mailing address, fax or email address provided in the determination | Agency source |
| Wisconsin | 14 days | Limited | not at fault + contrary to equity and good conscience (incl. financial hardship); DWD waiver application process is detailed mainly for federal COVID programs, and regular UI overpayments are waived in the determination when the employer or department was solely at fault | Online at my.unemployment.wisconsin.gov, mail or fax | Agency source |
| Wyoming | 28 days | Yes | hardship cases, provided fraud is not involved (DWS reviews waiver requests) | Written appeal identifying the decision and reason (mail or fax to Appeals Division) | Agency source |
Found an error? Rules change — tell us at help@doogex.com and we'll re-verify against the agency source.
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