Texas clawing back $32 million in unemployment benefits after finding 46,000 people were overpaid

Texas Tribune

The Texas Workforce Commission said that incorrect filings and fraud can lead to overpayments, but the money must be paid back even if it was the state's mistake.

The Texas Workforce Commission’s headquarters building was closed on April 2, 2020 as tens of thousands of Texans were trying to get through online and on the phone to file unemployment applications. (KXAN Photo/Jody Barr)

Texas clawing back $32 million in unemployment benefits after finding 46,000 people were overpaid” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

More than 46,000 Texans who lost their jobs in recent months are having portions of their unemployment benefits clawed back after the Texas Workforce Commission found that they were initially overpaid.

The overpayments, first reported by the Houston Chronicle, are estimated to be more than $32 million in total since March.

“State law requires TWC to recover all unemployment benefits overpayments,” Cisco Gamez, spokesperson for the state agency, said in an email. “Overpayments stay on your record until repaid.”

There can be several causes for overpayment, according to the agency, including fraud or incorrect reporting on an application. If TWC finds unemployment fraud in a case, the person has to give back the benefits and pay a 15% penalty.

Benefits must be repaid even if the state is to blame for the overpayment, or if it was otherwise not the recipient’s fault.

“We cannot pay you benefits if you have an overpayment,” Gamez said.

If the person that receives the notification of overpayment doesn’t send back the money, the state comptroller can recover the money by withholding certain funds, including lottery winnings, unclaimed property, unemployment benefits and other state job-related expenses. Some state funding for college students cannot be released until a repayment is made in full.

Claimants who have received notices can appeal the process, but TWC can take legal action too if they don’t recover the money.

“There is no statute of limitations on debts owed to the state,” Gamez said on an email. “TWC cannot forgive or dismiss the overpayment and there is no exception for hardship.”

As of late June, 2.7 million Texans had filed for unemployment relief since mid-March, but TWC has struggled to keep up with the high levels of demand. Since the pandemic started, countless Texans have experienced problems accessing these benefits, encountering busy phone lines and an overwhelmed application website.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/06/texas-unemployment-benefits-workers/.

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