In general, overpayments occur if a claimant is paid more Unemployment Insurance benefits than what they are eligible to receive. The CARES Act ended on December 26, 2020, for a continuation of benefits, claimants may have been placed on Federal-State extended benefits (FDEB1) or Pandemic Unemployment Assistance (PUA). Under the Continued Assistance Act the department is required to place claimants back on the correct benefit payment progression, in most cases this means moving to Pandemic Emergency Unemployment compensation (PEUC or PEUC-A). The state is required under federal guidelines to send out an overpayment notice correspondence. To view your collectable balance, log on to your claimant home page and select “Manage Debt” in your menu bar and then “View Overpayment History.”
If you receive an overpayment notice and it is not the result of fraud, you may make a lump sum payment or request to pay by installments. The U.S. Department of Labor requires the New Mexico Department of Workforce Solutions to obtain a repayment of the amount listed and NMDWS will do so by withholding a portion of your future benefits until your repayment is made in full. To set up a payment plan, you may contact the Unemployment Insurance Operation Center at 1-877-664-6984, Monday-Friday, 7:00am-5:00pm, or log in to your online account at www.jobs.state.nm.us and select “Manage Debt.”
If you are currently filing for and receiving Unemployment Insurance benefits, you may request that a percentage of your weekly benefit payment (no less than 50%) go towards your overpayment balance. This request may be made in writing or by calling the Unemployment Insurance Operations Center.
For instances of overpayments due to fraud, the balance must be repaid in full and cannot be offset by future benefits.
Filing an Appeal
If you would like to appeal an overpayment determination you may do so online by logging in to your claimant account, selecting the menu option 'View and Maintain Account Information', then select 'Issues and Determinations', then select the issue ID number for the issue you'd like to appeal and click the 'File Appeal' button. If you do not see a button to file an appeal, the issue may be pending a determination or the determination may have been in your favor.
Starting the week of March 22, 2021, the New Mexico Department of Workforce Solutions (NMDWS) will send out important information on how to request a waiver for claimants who received an overpayment through no fault of their own as part of the Pandemic Unemployment Assistance (PUA) program.
The U.S. Department of Labor has given states the authority to waive PUA overpayments when the individual is not at fault for the payment and repayment would be a financial hardship.
The notice and a PUA Overpayment Questionnaire for Waiver Consideration form will be sent by the claimants’ preferred correspondence method. Claimants are encouraged to read the notice carefully.
Claimants must respond with the waiver request to be eligible for a waiver. If a request is not received by the department, the agency cannot waive the overpayment.