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If you do not repay your overpayment, the EDD will take the overpayment from your future unemployment, disability, or PFL benefits. This is called a benefit offset. For non-fraud overpayments, the EDD will offset 25 percent of your weekly benefit payments.
An appeal must be postmarked or faxed no later than 20 days after the date printed or stamped on the front of the Administrative Law Judge decision. The appeal must be in writing. Send a letter to the Appeal Board at PO Box 15126, Albany, NY 12212-5126, or by fax to 518-402-6208.
Appeals filed by mail should include the claimants Social Security number, refer to the specific determination that is being appealed, and give the grounds for the appeal. Our fax number for incoming appeals is 609-292-2438. For general information (not to file an appeal) send an email to appealtribunal@dol.nj.gov.
How to Appeal. You have the right to appeal an overpayment determination. You must submit your appeal within 30 days of the mailed date on the Notice of Overpayment or the Notice of Denial of Benefits and Overpayment. You can download the Appeal Form (DE 1000M) (PDF) or use the copy included with the overpayment notice
If we determine the potential overpayment was not your fault or was not due to fraud, you may qualify for an overpayment waiver.
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Hearings are generally scheduled two weeks after the Appeal Board receives the hearing file from the Department of Labor. Hearings are generally held within 30 days after you make the request.
You will need to show your familys income and expenses and may need to include some property information. You will also want to show any special circumstances that prove that paying back the overpayment will cause extraordinary hardship.
At the hearing, what arguments can I make about the Notice of Overpayment? Argue that you were eligible for benefits, so there was no overpayment. Often times, the EDD will incorrectly decide that you were not eligible for benefits. Argue that you did not make a willful false statement.

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