Overpayment and Waiver Request Information

Unemployment Insurance Benefits Overpayments & Waiver Information

The Benefit Payment Control Unit promotes and maintains the integrity of the unemployment insurance (UI) program through prevention, investigation, and detection. An overpayment occurs when unemployment benefits are paid to a claimant who is later determined not to be eligible or entitled to those benefits. The claimant is notified by a written Notice of Determination and Overpayment advising benefits must be paid back to the Georgia Department of Labor (GDOL) regardless of fault unless a waiver of overpayment is approved.

You may have received a notice from GDOL that you were paid unemployment benefits under regular state UI or Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act pandemic programs that you were not entitled to receive. This is called a notification of overpayment. You may also have received a notice from GDOL that you do not have to pay this money back. This page explains what may be happening depending on your specific circumstances.

Why do I have an overpayment?

Some claimants were identified as receiving benefits to which they were not entitled. Those claimants have or will be contacted. If it is determined you are not eligible for benefits, an overpayment will be established, and you will be mailed a written determination.

Common causes of Georgia regular state and federal pandemic UI program overpayments include but are not limited to:

• An appeal reversal of benefits previously awarded and the claimant is now disqualified.
• The claimant or employer failed to report the correct amount of gross earnings when certifying for weekly benefits.
• The claimant and/or an employer failed to disclose the claimant received vacation or severance payment(s) or other deductible or disqualifying income.
• The claimant failed to notify the agency he or she did not meet the eligibility requirements for being able, available, and actively seeking employment.
• The claimant received federal pandemic program benefits but was paid under an incorrect federal pandemic program at a higher weekly benefit amount through no fault of the claimant.
• The claimant was not separated due to COVID-19 related reasons.

Federal pandemic UI programs include Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), Mixed Earners Unemployment Compensation (MEUC), Federal Pandemic Unemployment Compensation (FPUC) and Lost Wages Assistance (LWA).

In what instances am I not responsible for repaying an overpayment?

If the overpayment was not your fault and we determine that it would be unfair to ask you to pay it back (in other words, it would be against equity and good conscience to recover the money from you), you may not be required to pay back the money. This is called a waiver of recovery.

If you are eligible for a waiver, we will send you a written notice. Additionally, any money that was collected on this overpayment will be refunded to you. Please note this process may take 30 to 45 days from the date you submit your waiver application.

What can you do if you receive a Notice of Determination and Overpayment?

If you disagree with the overpayment and believe you were entitled to receive unemployment benefits for the week(s) in question, you may file an appeal. If you do not wish to file an appeal but do not think you are at fault for the overpayment, you may request a waiver of overpayment recovery.

Request a waiver of recovery so you do not have to pay back the overpaid amount

There are two requirements to qualify for a waiver of recovery: (1) you were not at fault for the receipt of the benefits; and (2) it would be unfair to collect money – that is, it would be "contrary to equity and good conscience."

Apply for Waiver of Non-Fraud Overpayment

If you believe these two requirements apply to you, you may request a waiver by completing and submitting the Application for Overpayment Waiver . You may submit your application and supporting documentation by email to [email protected] or mail to Georgia Department of Labor, Attn: Overpayment Unit - Waiver Request, P.O. Box 3433, Atlanta, GA 30302.

If you do not see the overpayment waiver request application in your primary language, please email [email protected] or visit your local career center for free translation services.

The Georgia Department of Labor may waive regular state and federal pandemic UI non-fraud overpayments when the following conditions exist:

• The overpayment waiver application must be submitted within 15 days of the overpayment determination mail date.
• The overpayment was not established due to fraud (waiver rights are provided on the non-fraud overpayment determination).
• Benefits paid were based on no fault of the claimant.
• The claimant shows proof that repayment of the overpayment will cause financial hardship.
• Recovery would be unreasonably excessive under the circumstances.
• The claimant can show receiving the payments caused him/her to give up other government benefits and is, therefore, now in a worse financial position than if they had not received the benefits.
• The claimant used the money for things that were not ordinary expenses, such as, paying off a debt or taking on a new loan. 

We will send you a written notification on whether your request for waiver is granted or not. If your waiver is granted, you will not be responsible for repaying the money. Additionally, any money that you have repaid on the overpayment will be refunded to you.

I received a written notice that I do not qualify for a waiver. What are my options?

If you received a written notice that you do not qualify for a waiver but think that you should have received it, you may be eligible to request a redetermination of your denied waiver application, if you meet certain conditions. For more information on these conditions, please see the additional information below under Updates to the Waiver Rules. 
If you do not meet the conditions to request a redetermination of your denied waiver application, you may file an appeal. Please follow the appeals instructions listed on your denied waiver notification. You must file an appeal within 15 calendar days of the waiver written notice mail date. If it is past the deadline to file an appeal, you will need to show good cause for why you missed the deadline.

If you do not file an appeal, you must start paying on your overpayment. If you do not repay your overpayment balance in full, you will be billed monthly. You must pay at least the minimum monthly amount established for your overpayment. The minimum amount billed each month is determined by the amount of your overpayment and the period of time allowed for overpayment to be repaid in full.

To make a payment, pay online at Repayment of Overpaid Benefits or mail payment to Georgia Department of Labor, Attn: Overpayment Unit, P.O. Box 3433, Atlanta, GA 30302. Make check or money order payable to the Georgia Department of Labor.

File an appeal

If you do not believe you should have an overpayment (meaning you believe you were entitled to receive unemployment benefits for the weeks in question), you may file an appeal. Please review your determination(s) to see if you are disqualified or ineligible and follow the appeals instructions listed. If it is past the deadline to file an appeal, you will need to show good cause for why you missed the deadline.

You may submit your appeal online at File an Appeal, email, or mail.

          Georgia Department of Labor
          Attn: UI Appeals Tribunal
          148 Andrew Young International Blvd., NE
          Suite 525
          Atlanta, GA 30303-1734
          Email: [email protected]

If you are successful in your appeal, there is no need to request a waiver because you will no longer be considered overpaid.

Updates to Overpayment Waiver Rules and Request for Redetermination of a Denied Waiver Application

Any Overpayment Determination issued prior to the effective date of the amended Overpayment Waiver rules that established an overpayment for one or more weeks ending February 8, 2020, through June 26, 2021, the fifteen (15) day time limitation to file an application for waiver of overpayment shall be waived through June 30, 2022.

If you previously applied for a waiver and was denied, you can request a redetermination of your denied waiver application. Only overpayments for weeks beginning February 2, 2020 through June 26, 2021 will be considered for redetermination. The redetermination must be submitted before July 1, 2022.

You may submit your request for waiver redetermination by email to [email protected] or mail to Georgia Department of Labor, Attn: Overpayment Unit – Waiver Request, P.O. Box 3433, Atlanta, GA 30302.