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The whole system is SO confusing. I spent hours on the NY State of Health website trying to figure this out. Why can't they just make it simple and clear what counts as income and what doesn't? Everything with NYS Department of Labor and health insurance feels like jumping through hoops.
I just went through this process a few weeks ago and can confirm what others have said - yes, you definitely need to report your unemployment benefits as income. What helped me was logging into my NYS Department of Labor online account to get the exact benefit amounts rather than estimating. They have a section that shows your total benefits received year-to-date and your weekly benefit rate. This made it much easier to calculate my projected annual income accurately for the marketplace application. Also, keep your documentation handy in case the marketplace asks for verification later in the process.
Don't panic yet! Many of these overpayment determinations get overturned on appeal. The key is to respond quickly and provide thorough documentation. Make sure you understand exactly what they're claiming - was it an issue with your separation reason, earnings reporting, or availability for work? Each type of issue requires different evidence to dispute.
The notice just says 'eligibility determination' but doesn't specify. How do I find out the exact reason so I know what documentation to gather?
I'm going through something similar right now - got a notice for $2,800 from benefits I received in early 2021. What's really confusing is that I was definitely eligible at the time and followed all the rules. I'm wondering if this is related to some kind of audit they're doing now? Has anyone found out what specific issues they're finding with people's cases? I'm preparing my appeal but want to understand what I'm dealing with first.
Just be prepared for possible adjudication if your claim gets flagged for the medical restrictions. It happened to me and took almost 3 weeks to resolve. They wanted additional documentation about what type of work I could still perform.
I went through something similar when I had shoulder surgery and couldn't do my manufacturing job. The NYS Department of Labor approved my claim because I could still do sedentary work - I just had to prove I was actively looking for office positions or remote work within my restrictions. Make sure to get a letter from your doctor clearly stating what types of work you CAN do, not just what you can't. Also apply as soon as possible since there's usually a waiting week before benefits start. The weekly certification process will ask about your work search efforts, so keep a log of every job you apply to that matches your medical limitations.
One thing to consider is whether your condition might improve enough to return to work. If there's a chance your back could get better with treatment, you might want to continue with unemployment while pursuing medical care. But if doctors are saying it's a permanent disability, then yes, you'll need to transition. Just document everything carefully and keep all medical records.
I went through a similar transition about 2 years ago. The most important thing is to be completely honest about your medical condition with both systems. If your doctor is documenting that you can't work due to disability, continuing to certify for unemployment could be considered fraud. I'd recommend getting a clear medical assessment first - if your doctor says you're temporarily unable to work but may recover, that's different from permanent disability. For the transition, I called NYS Department of Labor to formally close my claim before applying for disability, which helped avoid any overpayment issues. The waiting period for disability is brutal (mine took 5 months), so see if you have any family support or look into local emergency assistance programs. Also keep detailed records of all your medical appointments and communications with both agencies.
Oliver Alexander
Update: My payment just posted to my old card! Checked the balance through the KeyBank phone system and it's there. Thanks everyone for your help!
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Ian Armstrong
•Great news! Glad it worked out for you. For future reference, you can also set up direct deposit to your bank account through your NY.gov profile if you prefer that over the debit card.
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Liam Brown
Congrats on getting it sorted out! This thread was super helpful - I'm in a similar situation where I'm reapplying after about 8 months of work. My KeyBank card expires in 2026 so sounds like I should be good to go. Really appreciate everyone sharing their experiences, especially the tip about calling KeyBank directly to check if the card is still active. That's way easier than trying to get through to unemployment!
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