Reemployment Assistance Fraud
Reemployment Assistance Fraud is any false statement or failure to disclose a material fact, knowingly made for the purpose of obtaining or preventing payment of benefits contrary to the provisions of the Reemployment Assistance law. For example, a claimant may intentionally not report any wages that may have been earned; may have been intentionally under reported earnings; or may have misrepresented the reason for job separation.
Reemployment Assistance Fraud is a third degree felony and can result in jail time for the claimant. When a fraud determination is issued, in addition to being required to repay the overpayment along with a penalty of 15 percent of the amount overpaid, the claimant will be disqualified from receiving future benefits (a disqualification can be imposed on a week by week basis up to a one year period), and have the case referred to the State Attorney for prosecution. State Attorneys may charge the claimant with grand theft or a misdemeanor.
Prosecution and conviction of reemployment assistance fraud may result in the claimant being required to serve jail time, make restitution, be placed on probation or some type of pretrial intervention, and serve community hours.
Benefit Payment Control associates have the responsibility to establish intent when determining a claim to be fraudulent. Intent is especially important if the case is to be referred for prosecution. Circumstantial evidence may be used in making the decision.
Report Reemployment Assistance Fraud Online
Report reemployment assistance fraud online or you may also report fraud through the reemployment assistance fraud hotline 1-800-342-9909.
Nonfraud overpayments may be the result of an oversight, misunderstanding, technical errors, redetermination, adjudication, appeals decisions, RAAC orders and/or court decisions, or other mitigating circumstances. For example, a nonfraud overpayment might be created because a claimant failed to report wages, or did not understand that wages were to be reported when earned, not when paid; or failed to report gross earnings instead of net.
Report overpayments to the Benefit Payment Control unit.
Click here for information on repaying your overpayments.
Benefit Payment Control Overview
Welcome to RA Benefit Payment Control
The RA Benefit Payment Control (BPC) Unit is charged with protecting the integrity of the RA Trust Fund by the reduction of improper payments as well as the detection and the recovery of those benefits overpaid. There are four distinct program areas of operations which include Audit, New Hire, Investigations and Recovery. Program area duties include, but are not limited to, the following:
- This unit is responsible for handling the intrastate (Florida) and interstate (out of Florida) wage credit post audit. A cross-match of benefits paid against wages earned is done once a quarter. When there is a match, the employer is notified in order to obtain wage information to eliminate any problems or investigate those with a conflict at which time an overpayment determination is issued as appropriate.
- Associates also attend telephone appeals hearings to represent the DEO on overpayment cases.
- Employers are required by state and federal law to report all new hires to The Department of Revenue for child support enforcement.
- The New Hire Unit handles the reporting of new hired employees in the State of Florida. When the Unit receives the new hire information, the information is cross-matched against the RA database to determine if the reported individual has a claim. If there is a potential conflict, the claim is suspended pending further investigation by the New Hire Unit.
- Investigations of potential identity theft, forgery cases, Labor Disputes, and filing non-payment of fraud overpayments with the proper State Attorney for criminal prosecution.
- Investigations of information received from Hotline Tips, Employer protests and other issues including deceased, inmate and multi-claimant address/phone and/or e-mail.
- Associates within the Unit are responsible for preparation, delivery and monitoring of cases filed with the State Attorney offices.
- Associates work with local law enforcement agencies, OIG, and USDOL.
- Claimant repayment agreements
- Referral to collection agencies
- Filing of Civil Court (Small Claims Court)
- Wage garnishment
- Interstate Reciprocal Overpayment Recovery Arrangement Program (IRORA)
- Treasury Offset Program (TOP)
- Receipt and processing of recovered overpayments to ensure credit to proper claim