{"id":1030,"date":"2026-05-31T12:03:26","date_gmt":"2026-05-31T12:03:26","guid":{"rendered":"https:\/\/coloradospringsmoverss.com\/?p=1030"},"modified":"2026-05-31T12:03:26","modified_gmt":"2026-05-31T12:03:26","slug":"colorado-has-known-for-years-that-it-must-allow-appeals-of-unemployment-overpayments-so-why-doesnt-it","status":"publish","type":"post","link":"https:\/\/coloradospringsmoverss.com\/?p=1030","title":{"rendered":"Colorado has known for years that it must allow appeals of unemployment overpayments. So why doesn\u2019t it?"},"content":{"rendered":"
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Anthony Kreashko lost his job as an electrician in 2020, so, like legions of Coloradans during the pandemic, he filed for state unemployment benefits.<\/p>\n

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The regular payments helped keep Kreashko afloat as he searched for a new gig. But four years later, the Denver resident received a surprising letter from the Colorado Department of Labor and Employment: State officials told him they had mistakenly overpaid him.<\/p>\n

Now they wanted $1,800 back.<\/p>\n

Kreashko, 43, said he would have fought the decision if he saw an avenue to appeal. After he filed his taxes last year, he realized the state took his refund as payment.<\/p>\n

\u201cOne-hundred percent I would have appealed,\u201d he said in an interview. \u201cI don\u2019t feel I owed them anything.\u201d<\/p>\n

Federal law mandates that states provide people the opportunity to appeal unemployment overpayment determinations. But internal emails reviewed by The Denver Post show leadership at the state\u2019s Division of Unemployment Insurance has known for years that they\u2019re supposed to be offering these appeals, but don\u2019t.<\/p>\n

Colorado overpaid people nearly $100 million in unemployment benefits last year alone, and federal data shows the state has been largely unsuccessful in recouping that money.<\/p>\n

One manager, in a 2024 email, expressed concern that allowing people to fight overpayment decisions would hurt the department\u2019s efforts to recover money from claimants. The division director, Phil Spesshardt, in another email that year, called the appeals a \u201cwaste of time, energy (and) resources.\u201d<\/p>\n

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Multiple times, federal labor officials told their Colorado counterparts that the appeals are required, emails show. But state officials have been dragging their feet on implementing the measures.<\/p>\n

\u201cWhat the division is doing here is unconscionable,\u201d one state unemployment hearing officer told superiors in a 2024 email.<\/p>\n

Meanwhile, the state\u2019s unemployment division has been roiled by internal and external investigations amid staff whistleblower complaints. One probe this year found Spesshardt and another manager created \u201can erosion of trust\u201d as they sought an external review of the division to examine culture issues. State officials terminated that review after an internal investigation found Spesshardt failed to report a conflict of interest.<\/p>\n

Another probe found Spesshardt \u201cmore likely than not\u201d altered position descriptions for two employees without their consent.<\/p>\n

\n<\/div>\n

Spesshardt acknowledged to The Post that \u201cwe should have focused on the overpayment and appeals process sooner.\u201d In his 34 years with the state, the division has never allowed people to specifically appeal overpayment decisions because they\u2019re already able to appeal the benefit decision that resulted in the overpayment.<\/p>\n

In an \u201conerous and complicated program,\u201d Spesshardt said, state officials didn\u2019t want to make the process more confusing for claimants.<\/p>\n

His team is working on implementing these appeals before the end of the year, he said.<\/p>\n

\u2018It\u2019s been making me sick\u2019<\/h4>\n

Emails reviewed by The Post show employees, beginning in 2024, started to raise concerns that the division was not ensuring people had the right to appeal overpayment findings.<\/p>\n

\u201cOverpayments have always been appealable, for obvious reasons,\u201d Cheyanne Kinghorn, an unemployment hearing officer with the division,\u00a0wrote to management in October 2024. \u201c\u2026The division has known this is wrong\u2026 why would they so willfully disregard the law?\u201d<\/p>\n

All the money the division has collected on overpayments since it stopped doing appeals is probably owed back to the claimants, wrote Kinghorn, who did not specify when she believed the ability to appeal overpayment determinations ended.<\/p>\n

\u201cIt\u2019s been making me sick for over a year, so I truly hope the appropriate persons are held accountable,\u201d she wrote.<\/p>\n

Kinghorn, when contacted by The Post, declined an interview request.<\/p>\n

A discussion ensued over email, with higher-ups expressing their reticence at changing the status quo. One problem, they said, would be that their metrics would suffer if they allowed appeals.<\/p>\n

The U.S. Department of Labor sets \u201c\u201d for a variety of unemployment insurance measures.<\/p>\n

One metric tracks the number of improper payments states handed out to claimants.\u00a0On that front, Colorado is doing well: The state\u2019s 8.27% improper payment rate sits below the federal government\u2019s acceptable threshold of 10%.<\/p>\n

The feds also track the amount of money that state labor departments are able to recover from those overpayments. Anything above 68% is considered an acceptable level of performance.<\/p>\n

Nationwide, labor departments recovered 62% of the $1.28 billion in unemployment overpayments in 2025.<\/p>\n

But Colorado, during the same period, recovered just 41.8% of the more than $63 million that the state issued in overpayments. That number doesn\u2019t count the nearly $33 million in waivers that state officials last year granted to claimants who said they couldn\u2019t afford to repay the money.<\/p>\n

Jeff Newcomb, branch manager for Colorado\u2019s unemployment insurance customer services, said in an October 2024 email that \u201cwe\u2019re already seriously out of compliance with our federal recovery rate\u201d and that offering overpayment appeals \u201cwill likewise reduce our ability to meet our collection goals.\u201d<\/p>\n

\u201cConsidering our challenges related to our recovery rate and our current law that makes pretty much any (overpayment) subject to a waiver approval, I think we\u2019ll be circling the drain with our collection efforts moving forward if all overpayments are subject to appeal,\u201d he wrote.<\/p>\n

Spesshardt replied that overpayments are a binary issue: If you received benefits and were later deemed ineligible for them, you are overpaid.<\/p>\n

\u201cIn short, allowing an appeal here just slows the process and is really a kangaroo court,\u201d he wrote. \u201c\u2026Let\u2019s not be creating unneeded bureaucratic steps in what it takes to resolve an overpayment by a claimant.\u201d<\/p>\n

Darin Mullen, the branch manager for unemployment insurance appeals, acknowledged in another email that \u201cmost seem to feel that permitting these appeals is just unnecessary and a waste of time.\u201d<\/p>\n

Claimants can already appeal the benefit decision that\u00a0caused\u00a0the overpayment, Mullen said. But he admitted that those decisions \u201cdo not provide adequate notice that an overpayment has occurred and what the amount of overpayment is.\u201d<\/p>\n

State officials sought guidance from the feds, who told them that the law is clear: States must provide appeal rights to overpayment determinations.<\/p>\n

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\u201cHow each state dockets these cases at the appeal level varies, but in each, the claimant is provided an opportunity to discuss the matter before a hearing officer at some point,\u201d Stephanie Jackson, a federal labor official, told the department in a September 2024 email.<\/p>\n

Despite the guidance, nothing changed.<\/p>\n

Spesshardt, in his interview with The Post, said hitting metrics should be secondary to the division complying with federal guidance, as well as ensuring claimants understand the unemployment process. As to why it\u2019s taken multiple years to implement this new system, the director said it takes time to shift decades of behavior.<\/p>\n

After employees again raised the issue earlier this year, Mullen said\u00a0the division agreed with the federal officials that overpayments should be appealable. A ticket has been entered into the system to include appeal information, he said in a February email to a staff member.<\/p>\n

Two months later, Mullen said in another email, \u201cIt will likely be quite some time before that ticket is complete,\u201d as there are other projects in front of it.<\/p>\n

Unemployment insurance experts consulted by The Post said Colorado\u2019s notifications \u2014 or lack thereof \u2014 for overpayments are unusual and could be confusing for claimants.<\/p>\n

\u201cA lot of states will send you an overpayment notice and say you have the right to appeal; it\u2019s really clear,\u201d said Rebecca Dixon, president and chief executive officer at the National Employment Law Project. \u201cWhat Colorado is doing is trickier. If you miss your window to appeal that benefit determination, that was your window. If you don\u2019t know that, you\u2019re in trouble.\u201d<\/p>\n

In the meantime, Coloradans continue to pay back money to the state with no idea that they can appeal.<\/p>\n

Scott Gilmore was one of the nearly 200 Denver city workers laid off during last year\u2019s budget cuts. The deputy executive director for parks and recreation received unemployment benefits from the state, then got a letter last month saying he needed to pay back $533 to which he wasn\u2019t entitled.<\/p>\n

\u201cIt\u2019s pretty frustrating,\u201d Gilmore said. \u201cAt a time when you\u2019re struggling to make ends meet, you\u2019re depending on these very limited funds to balance your budget and pay your bills. To get this letter saying you owe this money immediately is very concerning.\u201d<\/p>\n

He scanned the notice.<\/p>\n

\u201cI don\u2019t see anywhere where it says you can appeal this decision,\u201d he said.<\/p>\n

Indeed, Colorado\u2019s \u201cnotice of overpayment benefits\u201d does not include any appellate information. It does include information about how to pay, how to set up a payment plan if you can\u2019t pay the full amount and how to request a waiver of your overpayment. The notice says you can call the division if you have questions about your overpayment or if you feel the amount is incorrect.<\/p>\n

But several people told The Post that they just paid the money back \u2014 even if they disagreed. They worried about being sent to collections or having the debt impact their credit scores.<\/p>\n

\u201cWith the waiver, there was no criteria of what would be approved and not approved,\u201d\u00a0said Emily Roozen, who the state says owed more than $9,000 in overpayments. \u201cI was just burnt out on (the process) and didn\u2019t know what to do.\u201d<\/p>\n

Spesshardt, in a statement\u00a0to The Post, said his office is \u201ccommitted to making every step in the claimant experience more clear by using plain language in every claimant-facing experience we deliver.\u201d The team has recently reviewed and revised nearly 500 pieces of correspondence and online portal screens for plain\u00a0language, he said.<\/p>\n

\u201cWe understand our claimants are going through stressful periods of joblessness and (we) will continue to uphold our commitment to improving the unemployment lifecycle wherever possible.\u201d<\/p>\n

Investigations, reviews and outside probes<\/h4>\n

In the midst of the overpayment debate, the unemployment insurance division devolved into a series of investigations, reviews of those investigations and spiraling distrust between staff and superiors, labor department documents obtained by The Post show.<\/p>\n

In 2024 and 2025, four hearing officers in the appeals unit filed complaints against the department, leading to three internal investigations by human resources, according to a separate, outside probe conducted by Flynn Investigations Group, a firm specializing in workplace reviews.<\/p>\n

Two of those complaints, in October 2025, alleged that someone had altered a position description document that outlined whether they would be remote, hybrid or in-office workers. Both selected \u201cremote.\u201d But these employees later learned that their forms had been switched to hybrid without their consent.<\/p>\n

An internal investigation, obtained by The Post, found Spesshardt \u201cmore likely than not\u201d altered these documents after the individuals had already signed them. Spesshardt admitted to The Post that he changed these forms to reflect that nearly all employees in the division are hybrid workers. He acknowledged that the \u201cprocess was sloppy,\u201d but said nobody\u2019s job actually changed.<\/p>\n

Just days after the workers lodged these complaints, Spesshardt convened a meeting. He told his employees that he would bring in an outside firm to conduct a \u201cthorough workplace investigation\u201d into the hearing officer unit and supervisors within that unit, state documents show.<\/p>\n

The director\u2019s comments led to even more complaints. Spesshardt, employees said, \u201csought to threaten, or retaliate against, them for having submitted complaints to HR.\u201d In response, the state decided to hire outside investigators to review some of these complaints.<\/p>\n

Investigators found it was \u201cless likely than so\u201d that the director threatened the employees that day. Still, the report\u2019s authors noted an \u201cobvious lack of trust\u201d between multiple employees and leadership. In the case of Kinghorn, one of the complainants, \u201ca\u00a0repair of that relationship seems unlikely.\u201d<\/p>\n

Spesshardt\u2019s investigation, announced at the October meeting, was necessary due to \u201can erosion of trust that is leading to conflict within the unit,\u201d state officials said in correspondence with the outside firm, Government Performance Solutions. The request asked for GPS to assess the \u201croot causes of the trust erosion and work with staff and leaders to chart a fresh course forward.\u201d The probe cost the state $65,550.<\/p>\n

The hearing officers who had filed the whistleblower complaints grew outraged.<\/p>\n

\u201cWhy would the state approve over $50k in public funds for two subjects of an investigation to launch a counter-investigation into their accusers?\u201d Kinghorn wrote in a March email. \u201cIsn\u2019t CDLE worried that doing so could appear to constitute using public funds to carry out retaliation?\u201d<\/p>\n

The state initiated yet another investigation of an investigation.<\/p>\n

A procurement official from the state labor department in March found Spesshardt appeared to have a \u201cperceived conflict of interest\u201d in the outcome of the GPS probe. The official noted that the unit being subjected to the external review had open whistleblower complaints against the director and others on the unemployment insurance appeals team.<\/p>\n

On March 24, the state and GPS mutually terminated the agreement.<\/p>\n

The procurement department, in another ruling in April, found Spesshardt provided information to GPS and other division supervisors that could prejudice the outside investigators during their work.<\/p>\n

The activities of the director and another manager \u201ccreated an erosion of the trust necessary for the successful completion of the project,\u201d the report stated.<\/p>\n

\u201cI find that unethical conduct likely occurred,\u201d the author concluded.<\/p>\n

The Department of Labor and Employment\u2019s financial monitoring unit issued Spesshardt an internal infraction for his role in the GPS contract fiasco.<\/p>\n

Spesshardt told The Post that it was \u201cinsulting to say I had a conflict of interest\u201d and denied engaging in unethical behavior. He acknowledged he shouldn\u2019t have called the GPS probe an \u201cinvestigation\u201d when speaking to his team, but pointed to the outside review\u2019s conclusion that he wasn\u2019t trying to retaliate against anyone.<\/p>\n

\u201cEverything was designed to improve the culture,\u201d he said.<\/p>\n

Unfortunately, Spesshardt said, the vibes have not improved.<\/p>\n

\u201cIs it there yet? Would I say it\u2019s getting better in that unit?\u201d he said. \u201cNo.\u201d<\/p>\n

Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter.<\/em><\/p>\n

Read more University shuts out D\u2019Evelyn to secure seventh Class 3A baseball title<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Internal emails reviewed by The Denver Post show leadership at Colorado’s Division of Unemployment Insurance has known for years that they\u2019re supposed to be offering unemployment overpayment determinations appeals, but don\u2019t.<\/p>\n","protected":false},"author":1,"featured_media":1029,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,39,4],"tags":[],"class_list":["post-1030","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colorado-news","category-investigative-news","category-news"],"yoast_head":"\nColorado has known for years that it must allow appeals of unemployment overpayments. 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