How do you appeal an Indiana unemployment decision?

A Notice of Overpayment cannot be appealed on its own. It is an accounting of what is owed under an earlier letter, so the thing to appeal is that earlier letter: the Determination of Eligibility, or the Administrative Law Judge's decision, that found you were not entitled to the weeks the notice bills you for. That letter's own 15-day deadline is the one that governs, counted from the "sent" date printed on it rather than on the overpayment notice.

If your claim is denied

Either the claimant or the employer may appeal a Determination of Eligibility that is not in their favor, by requesting a hearing before an Administrative Law Judge. Indiana law gives you 15 days from the "sent" date on the determination, so the clock starts on the date printed on the letter rather than the day you open it. Determinations and decisions are posted on your Uplink homepage under Correspondence History.

Send the appeal one of these ways:

• Mail it to the Department of Workforce Development at 10 North Senate Avenue, Indianapolis, IN 46204
• Fax it to 317-233-6888
• Deliver it in person to the Department at that address

DWD's appeal page sets out what the appeal itself has to say and include. Keep claiming while you wait: each week still needs its own voucher, filed the week after the one it covers, and every payment you are eligible for is released once a determination is made. Filing a weekly voucher explains that step.

The hearing before an Administrative Law Judge

Hearings generally happen within 30 days of the date you file the appeal, and a Notice of Hearing reaches you at least 10 days beforehand with instructions on it. You have the right to be represented by an attorney, though nobody is required to have one.

If you filed the appeal, you must attend the hearing or it is dismissed. At the scheduled date and time, the judge calls you on the telephone number listed on the Acknowledgment Sheet, and those calls generally show on caller ID as "Blocked" or "Number Unavailable". If that number is not correct, return the Acknowledgment Sheet with the right one, by mail, by fax, or in person. It has to be received at least 48 hours before the hearing, not just sent by then, so mailing it is the slowest route and the one to start earliest.

The judge reviews the evidence and sends a decision to each party, generally within 10 business days of the hearing date.

Appealing above the judge

The Administrative Law Judge's decision becomes final unless it is appealed to the Review Board within 15 calendar days after the date the decision was sent. That appeal goes by mail to ATTN: Review Board, 10 North Senate Ave., SE018, Indianapolis, IN 46204, by fax at 317-233-3348, or in person at the DWD lobby.

On average the Review Board issues its decision 3 to 6 weeks after an appeal is filed. Its members cannot be reached directly, but a staff member answers at 317-232-7719 during normal business hours. If the Review Board rules against you, the next step is the Indiana Court of Appeals, which you can contact at 317-232-1930.

What an overpayment is, and how DWD collects it

An overpayment happens when benefits are paid to a claimant later found not to have been eligible or entitled to them. The money has to go back to DWD regardless of fault, unless a waiver is approved. Common causes are:

• A DWD decision reversing a previous award of benefits
• Vacation or severance pay that the claimant or the employer did not disclose
• Earnings and hours that were not reported accurately while filing
• A redetermination because the wage information was wrong when the claim was filed
• A disqualifying job separation, or an eligibility change the claimant never reported

Collections pause once an appeal of the decision behind the overpayment is filed on time, and stay paused until the hearing is held and a decision issued. They start again if you still have an overpayment once the appeal is over. Where a balance remains, 75% of each future weekly benefit payment is applied to it until it is paid in full. DWD can also have the Attorney General's Office bring a civil action, have your Indiana and federal tax refunds and lottery winnings withheld, and garnish wages.

Paying an overpayment back

Payments can be made in person at the Department of Workforce Development at 10 North Senate Avenue in Indianapolis, online at payingov.com/dwd, by U.S. Mail, or by phone at 888-877-0450. In person, DWD accepts a check, a money order, or exact cash, and WorkOne offices accept no payments at all.

A repayment agreement runs through a different number. If you cannot pay the balance in full, call 317-233-4838 to talk to someone about an agreement, and keep 888-877-0450 for the payments themselves. Questions about the overpayment itself go to DWD Collections at 1-800-262-6949.

If you mail the money, DWD publishes an address for it on its overpayment FAQ and a different address on its unemployment insurance FAQ. Neither page says which to prefer, and each asks you to identify yourself differently, so use either and follow the instruction that comes with it:

• Indiana Workforce Development, Attn: UI Cashiering, 10 North Senate Avenue, SE 001, Indianapolis, Indiana 46204-2277. Include your account number in your correspondence.
• Department of Workforce Development, Trust Fund Accounting - Overpayments, 10 North Senate Avenue, Indianapolis, IN 46204. Write your Social Security Number on the check or money order.

Asking for a waiver

An overpayment may be waived only if both tests are met: payment of the benefits was without fault of the claimant, regardless of intent, and repayment would be contrary to equity and good conscience. DWD reads that second test as a combined household income of 65% or less of the Federal Poverty Guidelines.

The Overpayment Waiver Request application has to reach the Department within 15 days of the date the decision creating the overpayment becomes final. DWD's overpayment FAQ holds the form, and certain exclusions apply.

Bankruptcy is handled separately. Send proof of the filing to the Indiana Department of Workforce Development, Attn: Benefit Collections Dept., 10 North Senate Avenue, Indianapolis, Indiana 46204, or fax it to the same desk on (317) 234-2932. The proof has to show the case number, the date you filed, and the court you filed in. An overpayment established because of fraud is usually not dischargeable: DWD asks the bankruptcy court for an adversary hearing to keep that debt in place, and the cost of that hearing is added to what you owe.

Fraud, its penalties, and how to report it

Income earned during a week a voucher covers has to be reported on that voucher; leaving it off exposes a claimant to a possible fraud prosecution. Where DWD establishes fraud, it adds a penalty to the overpayment: 25% of it for a first instance, 50% for a second, and 100% for a third and any after that, with interest accruing at 0.5% a month on the unpaid balance.

The criminal side is separate. Under Indiana's welfare fraud law, obtaining public relief or assistance by fraudulent means is a Class A misdemeanor for amounts up to $750, a felony for amounts above that, and a more serious felony where the amount reaches $50,000.

If someone has filed a claim in your name, fill out State Form 57068 and mail or fax it to the Department, which locks the account, opens an investigation, and issues a determination. An employer reporting a fraudulent claim protests it with State Form 640-P instead. Forms and supporting documentation go to the Department of Workforce Development, 10 North Senate Avenue, Indianapolis, IN 46204, or by fax at 317-633-7206. The fraud page on DWD's site has the forms and the other places to report it.