If the DUA says that you were overpaid, you can challenge their decision. You can also challenge the amount of the overpayment.1. Explain how overpaid unemployment benefits were spent. Specify any large expenditures that occurred because you received these benefits (i.e. How to handle a notice of overpayment from the Department of Unemployment- the hearings and waiver process explained. No overpayment shall be recovered when, in the judgment of the Commissioner or his authorized representative, the claimant is without fault on his or her part.