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I'm soooo confused about NY unemployment rules in general!! My friend got benefits while working part time but when I tried they denied me?? Maybe it depends on who you talk to during the interview?? The whole system seems totally random honestly.
It's not random, but it can seem that way. Benefit eligibility depends on your specific earnings history, why you're not working full-time, and other factors. Your friend's situation was likely different from yours in ways that affected eligibility. The most common reasons for different outcomes are: 1) different base periods used for calculation, 2) different reasons for job loss, or 3) different earnings amounts from part-time work.
I'm going through almost the same thing right now! My letter said they excluded my highest earning quarter because of some technicality about when I filed my initial claim. I'm really nervous about the appeal process. Has anyone had success with getting their full benefit amount restored after appealing? Like what are the actual chances they'll fix this?
I had success with my appeal last year. The key is documentation - they reversed my reduction because I could prove all my wages with paystubs and tax records. About 70% of monetary determination appeals are successful if you have proper documentation. Just make sure you file within the 30-day deadline.
Update: I tried that Claimyr service someone mentioned and actually got through to NYSDOL! The agent confirmed that they were missing wages from my second employer during Q3 2024. I need to submit my paystubs and W-2 from that job along with the Request for Reconsideration form. She said the processing time is currently about 4 weeks but could be faster. Thanks everyone for your help with this!
Great news! Make sure you keep a copy of everything you submit and maybe even send it with some kind of delivery confirmation. And definitely keep claiming your weekly benefits while you wait for the reconsideration.
ok so im in a slightly difrent situation but I had this break in claim thing happen to me also. What I learned is dont skip weeks of certifying even if u think you dont qualify that week! This triggers the break in claim thing. Just certify every week no matter what and be honest about hours. they do eventually sort it out.
Thanks everyone for the advice! My son selected 'lack of work' and we're making sure he certifies every week without fail. The certification went through this week but payment is still showing as pending. We'll give it another week before considering calling NYSDOL. It's such a relief to know others have dealt with this seasonal work situation successfully!
My bf had an overpayment last month and they sent him a letter saying exactly when they would take the money. They ended up taking it from two separate payments (like 50% from each). Maybe check your mail again or your online message inbox?
To summarize for anyone else with overpayment questions: For small overpayments like $220, NYSDOL typically recovers it from 1-2 payments. For larger amounts, they may take 50% of your weekly benefit until it's paid (standard overpayments) or 100% (fraud determinations). You can call and request a payment plan if taking the full amount would cause financial hardship. The determination letter should specify the recovery method they're using in your specific case.
Khalil Urso
I want to add something important for anyone else reading this thread with similar issues: If you're approaching your BYE date but still have a balance remaining, you should continue certifying without interruption. The system will prompt you if a new claim is needed. For those who do need to file a new claim after BYE expiration, here's what typically happens in NY as of 2025: 1. File the new claim immediately after BYE date expires 2. Continue certifying weekly without interruption 3. Complete any DocuSign forms within 48 hours of receiving them 4. If no payment after 2 weeks, contact NYSDOL directly The current NYSDOL guidelines state that backpay should be released within 2 weeks of new claim approval, but as we've seen in this thread, it often requires direct intervention by an agent.
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Laila Fury
Quick update for anyone with similar issues: I received the remaining backpay this morning! All 9 weeks hit my account at once. The key really was getting someone on the phone who could manually review my claim and release the payments. Thanks everyone for your help and suggestions. This community has been a lifesaver!
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Brian Downey
•Great news! Make sure you set aside money for taxes. NY unemployment doesn't automatically withhold taxes, and that backpay could put you in a higher tax bracket for 2025.
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Laila Fury
•Thanks for the reminder! I did opt for tax withholding when I first applied, but I'll double-check my payment statements to make sure they're actually taking taxes out.
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