Photo: mugley
Unemployment benefits can be a life line for anyone who has recently lost their job. Unfortunately for Oregon workers, it is likely to become more difficult to obtain benefits. Late last month, the Oregonian reported that the Oregon Employment Department overpaid $392 million dollars in benefits. Neither the Oregonian nor the Oregon Employment Department has pinpointed any single cause for the overpayments. In reality, the problem most likely results from a combination of factors. The poor economy in recent years has resulted in more claims and increased workloads for the folks who work at the Oregon Employment Department. That’s bad news for everyone.
So what does this mean for those involved in an unemployment benefits appeal? It means it is more important than ever to be careful about how you pursue an Oregon unemployment appeal. If the Oregon Employment Department is missing $392 million dollars, it is naturally going to find as many ways as possible to offset those losses. There are essentially three key ways to do that: (1) try to recoup overpaid benefits; (2) increase unemployment taxes to employers; and (3) pay less claims. All of these options create increased risks for unemployed Oregon workers.
If you have been denied unemployment benefits and feel you are entitled to them, you need to appeal the denial to a body called the Oregon Office of Administrative Hearings. Based on what I’ve seen in these hearings, having counsel can be a very wise idea. I talk with lots of people who make avoidable mistakes and simply call me too late in the process for me to help. Early action is especially important if you have already received benefits and the Oregon Unemployment Department is trying to retroactively deny those benefits. In effect, this is the state’s way of saying, “we overpaid you, now give us our money back.” If you fail to appeal such Administrative Decisions in a timely manner, you may be on the hook to pay back everything you’ve received, plus interest and penalties. And, if you don’t handle the hearing correctly, you are not likely to get any other chance to present evidence. In many cases, overpayment determinations result in repayment obligations of several thousands of dollars.
In the next week or so, I will be posting a detailed article about handling overpayment accusations from the Oregon Employment Department. The sad fact is that the process is very unclear and presents lots of traps for the unwary. In many cases, it can be useful to sit down with an attorney just to make sure you understand your rights. Feel free to call if you would like to set up such an appointment.
