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Unemployment Overpayment Appeal Letter

In a case where you receive a notice that you have been overpaid on your unemployment benefits, it is very important that you file an unemployment overpayment appeal letter within 10 to 15 days. Your appeal must be in writing and should be faxed, mailed or hand delivered to the appropriate office in your state’s labor department. It is also important that you complete any forms that were sent to you with the overpayment decision and attach them to the letter.

Format and Content

All reasons you believe you are unable to or should not have to repay any overpayments should be stated in the first section of your unemployment overpayment appeal letter format. Make sure to list the date of each decision you have received and each overpayment amount. Once the state labor department or insurance commission receives your appeal letter they will most likely send you a form to complete detailing your personal financial situation. It is vital that you complete the form immediately and return within the designated timeframe. You may request a hearing and labor department officials will notify you as to whether or not a hearing will be granted.


This individual’s former employer appealed the labor department’s decision to pay the person unemployment benefits and the employer won the appeal. The labor department has requested that all monetary benefits received thus far be returned. The individual has sent this unemployment overpayment appeal letter sample because she no means by which to repay the unemployment benefits. The money has already been spent on living expenses; therefore, she is appealing the overpayment decision.

Dear Ms. Ward,

I received a notice on September 12, 2013 from the labor department stating that my former employer appealed the department’s decision to pay me unemployment benefits and that I must now return all benefits that have been paid to me. I am appealing that decision and have attached all required appeal forms to this letter. I have used the benefits to pay living expenses while I look for another job and I have no savings or any other means by which to repay the money.

My employer informed me on May 31, 2013 that my position with the company had been eliminated; however he hired his daughter to do my job one week after terminating me. I applied for unemployment benefits at that time and the decision was made by the labor department that I did, in fact, deserve to be paid benefits. I began receiving checks shortly thereafter.

My former employer appealed stating that his daughter was doing a different job and had not been hired to replace me. Apparently my employer has now won that appeal; however I have witnesses at my former employer’s company who state that his daughter is, in fact, doing my former job. Both Alice Miller and Cheryl Clark are willing to testify that my former employer’s daughter is now performing the exact job that used to be mine. I was not fired for poor job performance, violation of rules or any such reason. I was told my job was being eliminated when, in fact, my employer simply wanted to hire his daughter. For this reason I am requesting a formal hearing and look forward to your decision.


Tammy Baker

Tammy Q. Baker