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 told they had been overpaid unemployment benefits. This was due to administrative errors by the New Mexico Department of Workforce Solutions (DWS).
Several of these individuals filed a class action lawsuit, Duran v. New Mexico Department of Workforce Solutions, D-101-CV-2023-00698. The New Mexico Center on Law and Poverty and Ives & Flores represented the plaintiffs in this case. A settlement has been entered requiring DWS to forgive more pandemic overpayments and refund money that had already been repaid.
Many people may be eligible to apply for a waiver, forgiving this overpayment debt. Some people who already paid back overpayment amounts may be eligible for a refund.
If you believe you are covered by the settlement, contact DWS today.
To view or download our Know Your Rights fact sheet, click HERE for English, or click HERE for Spanish.
For answers to Frequently Asked Questions, click HERE for English, or click HERE for Spanish.
To read the Notice of Class Action Settlement that was sent to all class members, click HERE.
To read the Settlement Agreement, click HERE.
For all other Court Documents, click HERE.
How to find out if you have an unemployment debt:
If you received unemployment benefits from New Mexico during the pandemic, contact DWS. Find out from DWS if you have an overpayment you owe back. Ask to apply for a waiver.
To apply for a waiver, individuals will answer these two simple yes-or-no questions: “Were you at fault for the overpayment?” 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 that DWS waives will never have to be paid back.
To Contact DWS:
- Call (877) 664-6984, Monday through Friday, between 8:00 AM and 4:30 PM
- Click here to find a local office
- Click here to login to your online account
What if you already paid it 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.
If you have questions:
Contact the attorneys representing the individuals who filed this lawsuit:
- Telephone at (505) 255-2840,
- 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.
