Important Information for those who Received CARES Act “Overpayment” Notice(s)
PLEASE READ AS YOU MAY NOT HAVE TO PAY THEM BACK
You may have received a notice from the New Mexico Department of Workforce Solutions (NMDWS) that you were paid unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act programs that you were not entitled to; this is called an overpayment. You may also have received a notice from NMDWS that you do not have to pay this money back. This page explains what may be happening depending on your specific circumstances and only applies to overpayments under the CARES Act and extension legislation and does not apply to any other overpayment.
Class Action Notice
The Class Action Notice is for the lawsuit, Duran v. New Mexico Department of Workforce Solutions, D-101-CV-2023-00698. During the height of the COVID-19 pandemic, many New Mexicans were incorrectly overpaid unemployment insurance benefits. Many of these overpayments were made through no fault of the claimant and may be eligible for a waiver (overpayment forgiveness) from the New Mexico Department of Workforce Solutions.
If you received this notice, you may be a member of the group of people affected, called the "class". The notice gives a summary of the terms of the proposed settlement agreement, explains what rights class members have, and helps class members make informed decisions about what action to take. If you received this notice, a PDF version will be available in your online Unemployment Insurance Claimant homepage (https://www.jobs.state.nm.us) under "View Correspondence".
The New Mexico Department of Workforce Solutions (NMDWS) has sent the notice to those that have been identified as part of the Class. NMDWS encourages all claimants to ensure their contact information is up to date with NMDWS by logging in to their Unemployment Insurance Tax & Claims System account at https://www.jobs.state.nm.us and clicking on View and Maintain Account Information on their claimant homepage or by calling the Unemployment Insurance Operations Center at 1-877-664-6984 Monday through Friday, 8am – 4:30pm.
CARES ACT Overpayment
The CARES Act created new temporary pandemic-related unemployment compensation programs. NMDWS identified people that were paid benefits that they were not entitled to. If it was determined that you were paid too much in federal pandemic unemployment payments, NMDWS established an overpayment. In normal circumstances, someone with an overpayment is responsible for paying the money back, but NMDWS recognizes that the pandemic was not a normal circumstance.
NMDWS is currently reviewing overpayments to determine if they are eligible to be waived under an “automatic waiver.” You do not need to submit an individual request to be considered under one of the automatic waiver scenarios.
Any overpayments resulting from fraud are not eligible for waiver.
If you are eligible for an automatic waiver, NMDWS will send you a written notice.
If you received written notice that you do not need to repay NMDWS for an overpayment of federal pandemic unemployment benefits, this means that NMDWS has reviewed the overpayment and determined that you do not have to repay this money. You do not need to return any money. You do not need to do anything for this overpayment.
Importantly, while you do not have to pay back the overpayment listed on the notice NMDWS sent you, this waiver only applies to the overpayment(s) listed in the notice and does not apply to any other overpayment you may have been assessed by NMDWS.
NMDWS is processing automatic waivers over time. If you have not yet received a notice that your overpayment was waived, you may receive one in the future. If you are ultimately not eligible for an automatic waiver, and you have not committed fraud, you will receive an opportunity to apply for an individualized waiver in the future.
NMDWS will issue refunds to people who receive blanket waivers if they already repaid some or all of their federal pandemic unemployment benefit overpayment. You will receive a check in about two weeks after you receive the notice that you got a waiver. Make sure your address is up to date by either logging into your Unemployment Insurance Tax & Claims Online System account (https://www.jobs.state.nm.us) or call the Unemployment Insurance Operations Center 1-877-664-6984, Monday through Friday 8:00 a.m. to 4:30 p.m.