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.
StateAppeal deadlineWaiver?The waiver standardHow to appealSource
Alabama15 daysYeswithout fault + collection contrary to equity and good conscienceonline portal, or written appeal by fax, mail or in personAgency source
Alaska30 daysYesacted in good faith + recovery against equity and good conscience (or claimant deceased)phone, fax, mail or email to claim center or Appeals officeAgency source
Arizona15 daysLimitedonly 'administrative' (not-at-fault) overpayments: not at fault + against equity and good conscienceonline (CACTUS portal), by phone, fax or mailAgency source
Arkansas20 daysLimitedwithout 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 officeAgency source
California30 daysYesnot 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 noticeAgency source
Colorado20 daysYesdivision may waive if repayment is inequitable (financial condition, detrimental reliance, division error, etc.); false representation excludedonline (MyUI+), or by mail or faxAgency source
Connecticut21 daysYesno 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 personAgency source
Delaware15 daysYesrecovery against equity and good conscience, or overpayment was result of Department errorin writing or in person at local UI office, by email, or via claimant portalAgency source
District of Columbia15 daysYesreceived without fault + recoupment against equity and good consciencemail, in person, fax or email to OAHAgency source
Florida20 daysLimitedwithout 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 personAgency source
Georgia15 daysYesno 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 deliveryAgency source
Hawaii10 daysYesreceived 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 ESAROAgency source
Idaho14 daysLimiteddepartment/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 waiveremail, fax, hand delivery, or mail to Appeals BureauAgency source
Illinois30 daysYeswithout 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 officeAgency source
Indiana10 daysYeswithout 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 faxAgency source
Iowa10 daysLimitedno 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 BureauAgency source
Kansas16 daysLimitedabsence 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 AppealsAgency source
Kentucky30 daysYeswithout 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 BranchAgency source
Louisiana15 business daysYesreceipt 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 faxAgency source
Maine30 daysYeswithout 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 deliveryAgency source
Maryland30 daysYesClaimant 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 DivisionAgency source
Massachusetts10 daysYesWithout 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 decisionOnline via Unemployment Services for Workers account, or by mail to the DUA Hearings DepartmentAgency source
Michigan30 daysYesAgency 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 errorProtest online via MiWAM, or by mail or fax (protest must be received within 30 calendar days of mail date)Agency source
Minnesota45 daysNoNo 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 OfficeAgency source
Mississippi14 daysNoNo 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 discretionIn person at a WIN Job Center, by phone, or by mail or fax (signed letter) to the MDES Appeals DepartmentAgency source
Missouri30 daysLimitedWaiver 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 waiverOnline through UInteract, or by mail or faxAgency source
Montana10 daysYesDepartment 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))UNVERIFIEDAgency source
Nebraska20 daysLimitedNo 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 collectionOnline via NEworks (appeal must be received or filed online within 20 calendar days of issuance)Agency source
Nevada11 daysYesReceived 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 impracticableFax a signed, dated written statement (name, claimant ID, reason) to DETR per its overpayment pageAgency source
New Hampshire14 daysLimitedNo 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 basisIn writing, filed in any department office (RSA 282-A:48; NH Admin Code Emp 202.01)Agency source
New Jersey21 daysYesnot 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 TribunalAgency source
New Mexico15 daysLimitedno 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 York30 daysLimitednot 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 waiverrequest a hearing online via NY.gov account (Claimant Request for Hearing), by mail, or by faxAgency source
North Carolina30 daysYesnon-fraud + overpayment not claimant's fault + good cause; waiver only after appeal period expires / appeal decision is finalonline via MyNCUIBenefits account (Claims > View for Non-Monetary Determinations > Request Appeal)Agency source
North Dakota12 daysYesJob 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
Ohio21 daysLimitedno 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 AppealsAgency source
Oklahoma20 daysLimitedno 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 allowedin 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
Oregon20 daysYesnon-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 2602Agency source
Pennsylvania21 daysLimitednot 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 UConline from UC account, or mail/email/fax the Petition for Appeal, or in person at a PA CareerLink officeAgency source
Rhode Island15 daysYesno 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 onlineAgency source
South Carolina10 daysYesno fault / non-fraudulent + extraordinary financial hardship (recovery contrary to equity and good conscience)Mail or fax Notice of Appeal to Appeal Tribunal formAgency source
South Dakota15 daysYeswithout 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 appealsAgency source
Tennessee15 daysYesnot due to fraud, misrepresentation or willful nondisclosure + received without fault + recovery against equity and good conscience; written request within 90 daysOnline through Jobs4TN e-Services, or written appeal by mailAgency source
Texas14 daysLimitedNo 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 conscienceOnline appeal portal, mail, fax, or in person at a Workforce Solutions officeAgency source
Utah15 daysLimitedwithout 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 repaymentOnline, mail or faxAgency source
Vermont30 daysYesnot at fault + repayment contrary to equity and good conscienceWritten appeal filed with an appeals refereeAgency source
Virginia30 daysYeswithout fault (narrow statutory definition in 60.2-633) + requiring repayment contrary to equity and good conscienceOnline via Customer Self Service, mail, fax, or in person at a Virginia Works officeAgency source
Washington30 daysYesnot the result of fraud, misrepresentation, willful nondisclosure or fault + recovery against equity and good conscienceOnline via eServices, mail or faxAgency source
West Virginia8 daysNoNo waiver provision - West Virginia law requires all overpayments be repaid; payment agreement onlyWritten appeal submitted to the mailing address, fax or email address provided in the determinationAgency source
Wisconsin14 daysLimitednot 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 faultOnline at my.unemployment.wisconsin.gov, mail or faxAgency source
Wyoming28 daysYeshardship 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.

Included in the $29 Kit

The full filing directory plus the appeal letter template, waiver walkthrough, and hearing prep for your state.