***IMPORTANT NOTICE***
Due to a high volume of calls, it may take 5-10 business days to return your call. There’s no immediate action needed at this time. The Department of Workforce Solutions (DWS) will contact you about your overpayment, so please keep your contact information updated and review all DWS correspondence carefully. For questions about your unemployment benefits, contact DWS directly. For answers to common questions, click for English or Spanish.
If you were overpaid pandemic unemployment benefits, you may have rights under a class action settlement.
During the height of the COVID-19 pandemic, many New Mexicans were incorrectly overpaid unemployment benefits. Many of these overpayments may be eligible for a waiver (overpayment forgiveness) from the New Mexico Department of Workforce Solutions (DWS).
Several individuals who received federal pandemic unemployment insurance benefits and were told they had been paid too much and owed money filed a lawsuit, Duran v. New Mexico Department of Workforce Solutions, D-101-CV-2023-00698. They filed the lawsuit to require DWS to forgive more pandemic overpayments and refund money that had already been repaid. The New Mexico Center on Law and Poverty and Ives & Flores represent the plaintiffs in this case. A settlement has been entered in the class action lawsuit.
If you believe you are covered by the settlement, update your contact information with DWS immediately.
What happens next:
DWS has temporarily stopped trying to collect money back from class members.
DWS will evaluate individuals’ overpayments to decide if they qualify for waivers automatically. For people who qualify for automatic waivers, DWS will notify them so they know the status of their overpayment.
Unfortunately only some people will receive these automatic waivers. DWS will notify class members who have overpayments that haven’t been waived automatically about their right to apply for a waiver.
To apply for a waiver, individuals will answer these questions: “What is the reason you are requesting a waiver?” and “Would repaying the overpayment cause a financial hardship?” After an individual applies for a waiver, DWS will notify them if the waiver has been granted or not. An individual whose application for a waiver is denied can appeal the denial.
A waiver may not forgive all of the overpayment an individual owes, because DWS can only waive federal pandemic benefits, not regular state unemployment benefits.
Any amount of overpayment that DWS waives will never have to be paid back.
Some individuals who receive waivers have already paid back some money to DWS. Sometimes they paid money directly to DWS. Sometimes DWS deducted from their benefits or tax refunds. If DWS has already collected back some of the money from someone whose overpayment is waived, DWS will refund the money it took.
It may take DWS several months to complete all these steps.
If you have questions:
Contact the attorneys representing the individuals who filed this lawsuit:
- Telephone at (505) 225-8473,
- Email to uioverpayments@nmpovertylaw.org, or by
- Mail to 301 Edith Blvd. NE, Albuquerque, NM 87102.
Contact the New Mexico Department of Workforce Solutions Unemployment Insurance Operations Center at (877) 664-6984, Monday through Friday, 8 am-4:30 pm.
Important documents:
Documents that are relevant to this lawsuit are linked below for your reference. If you have any questions, or would like additional information, you may contact the attorneys representing the individuals who filed this lawsuit by telephone at (505) 225-8473 or by email to uioverpayments@nmpovertylaw.org.
Contact us:
By telephone: (505) 225-8473
By email: uioverpayments@nmpovertylaw.org
By mail: New Mexico Center on Law and Poverty, 301 Edith Blvd. NE Albuquerque, NM 87102