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The New Mexico Department of Workforce Solutions (NMDWS) uses many tools to recover overpaid Unemployment Insurance (UI) benefits. The Treasury Offset Program (TOP) is available to permit NMDWS to intercept federal income tax refunds and apply them to overpayment debts.

Unemployment Insurance overpayments subject to the TOP are those due to fraud or the failure to accurately report earnings.

A "pre-certification" letter is mailed 180 days after the debt become delinquent to the last known address of the individual explaining that their debt will be forwarded to TOP if not satisfied within 60 days.

Claimants can pay the debt in full, or present evidence that part or all of the debt is not subject to the offset. Evidence must be received by NMDWS within 60 days from the date of the “pre-certification” letter. If full payment is not received, or evidence is not received by the 60-day deadline, NMDWS will refer the debt to the Treasury.

If a TOP collection proceeds against you, part or all of your federal income tax return will be intercepted by the United States Treasury and remitted to the Department before you receive it. If you have any questions about TOP or the letter you receive, call the UI Operations Center, 1-877-664-6984, Monday through Friday from 8:00 a.m. to 4:30 p.m.

As of July 3, 2011, all claimants enrolled in school must be able, available, and actively seeking work (this does not apply to those enrolled in an approved department training such as Workforce Innovation and Opportunity Act or Trade Adjustment Assistance training) and must submit a student questionnaire to NMDWS. Our adjudication unit will process all information, determine your eligibility, and issue a determination within the standard adjudication processing time of 4-6 weeks.

Please note: All students (other than those in approved department training, such as WIOA or TAA) will be required to conduct work searches. Maintain records of your work searches, and work searches are subject to verification by NMDWS.

The New Mexico Department of Workforce Solutions mails all Unemployment Insurance 1099 tax information by the last day of January each year. Individuals can access copies of 1099 forms by logging into the UI Tax & Claims System (www.jobs.state.nm.us), available 24 hours a day, seven days a week.

 If you have a 1099 discrepancy, call the UI Operations Center at 1-877-664-6984, Monday through Friday, 7a.m. - 4:30p.m..

 The virtual callback option is available to a limited capacity of calls and is dependent on the level of call volume. If this option is available, it allows you a choice to stay on hold or have the department call you back in a set amount of time, essentially holding your place in line without keeping you tied to a phone.

If you have exhausted all Unemployment Insurance benefits, please visit a New Mexico Workforce Connection Center for job placement assistance and refer to the community resources information at Alternative Assistance for Individuals for assistance. These resources will be regularly updated and are the same resources provided by UI Operations Customer Service Agents.