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also make sure you file your claim as soon as possible after losing your job! there's no waiting period in NY but you can't get benefits for weeks before you actually file your claim. i made that mistake and lost out on like 2 weeks of benefits because i waited too long thinking about whether i qualified
Based on what you've described, you should definitely qualify! Being laid off due to the business closing absolutely meets the "no fault of your own" requirement. With 8 months at your restaurant job plus 6 months at retail before that, you likely have enough work history. The key things to check: 1) Make sure both employers reported your wages to NYS (you can verify this on my.ny.gov like someone mentioned), 2) Calculate if you earned at least $2,600 in your highest earning quarter, and 3) File ASAP since you can't get benefits for weeks before you actually apply. Don't overthink it - even if you're unsure about meeting all requirements, it's better to apply and let them determine your eligibility than to miss out on benefits you're entitled to.
This is really helpful advice! I'm in a similar situation and was worried about the wage calculation part. Quick question - when you say "highest earning quarter," does that mean the 3-month period where I made the most money total, or is it based on some specific calendar quarters that NYS uses? I want to make sure I'm calculating this right before I file.
I'm dealing with the same exact thing right now! Filed in August but my waiting week shows a date from October. I was totally freaking out thinking they messed up my claim somehow, but after reading all these responses it seems like their system just shows random processing dates that don't match reality at all. The NY unemployment system is seriously the most confusing thing I've ever dealt with. I've been getting my regular weekly payments though, so I guess that's what actually matters. Still might try calling just to double-check everything is correct with my claim - better to be paranoid than miss out on benefits! Thanks everyone for explaining how this works, you probably saved me hours of stress wondering if something was wrong 😅
Same here! I was literally losing sleep over those mismatched dates thinking I'd somehow messed up my filing. It's crazy how many people go through this exact same panic with the NY system. At least we're all in this confusing boat together! Definitely smart to call and verify everything - I'm planning to do the same thing. Better to spend an hour on hold than worry you're missing out on weeks of benefits.
I had the EXACT same confusion when I first checked my account! Filed in June but my waiting week showed up with a random date in September. I spent like 2 hours thinking they completely screwed up my claim. Turns out it's totally normal - that date is just when their system processed the waiting week administratively, not when you actually served it. The NY unemployment system is seriously ancient and shows these weird backend processing dates that never match up with reality. As long as you're getting paid for the weeks after your waiting week, you're good to go. I'd still recommend calling to double-check your effective claim date though - a few people mentioned having issues with that and losing weeks of benefits. The phone lines are brutal but it's worth the peace of mind! Don't stress too much about those confusing dates - focus on whether your payments are coming through correctly for the weeks you've certified 👍
Thank you so much for sharing this! I was literally about to call in a panic thinking my whole claim was messed up. It's so relieving to hear from multiple people who went through the exact same thing. The NY unemployment system really needs a complete overhaul - these confusing dates cause so much unnecessary stress! I'll definitely call to verify my effective claim date like you suggested, just to be 100% sure everything is set up correctly.
I'm currently in this exact situation and have been researching it extensively. One thing I want to add that hasn't been mentioned yet is the importance of understanding the "work test" that NYS Department of Labor uses for people with disabilities. They don't just look at whether you can work - they evaluate whether you can work in your "customary occupation" or other suitable work given your training and experience. Since you were successfully doing a 20-hour part-time job, that's strong evidence of your work capacity. I'd recommend gathering documentation from your previous employer about your job duties and any accommodations they provided - this can help speed up the adjudication process. Also, when you do your work searches, focus on positions similar to what you were doing before, as these will be considered "suitable work" for your situation. The key is showing consistency between your past work capability and your current job search efforts.
Andre, this is really valuable information about the "work test" - I hadn't heard that terminology before but it makes a lot of sense. The idea of focusing on my customary occupation is particularly helpful since I was working in data entry, which seems like something I could continue doing with my disability. Do you know if NYS Department of Labor has specific guidelines about what constitutes "suitable work" for people with disabilities? I'm wondering if there's a formal list somewhere or if it's more of a case-by-case evaluation. Also, when you mention gathering documentation from my previous employer about accommodations, should I request this before I file my claim or can I provide it during the adjudication process if they ask for it?
Andre, this is excellent advice about documenting job duties and accommodations! I'd definitely recommend getting this documentation before filing your claim - it can help prevent delays if they need to review your work capacity. From my experience, NYS Department of Labor doesn't have a formal list of "suitable work" definitions for disabilities, but they generally consider factors like your physical/mental limitations, previous work experience, education, and transferable skills. Since you were doing data entry, that's actually a great field because many of those positions can accommodate various disabilities and are often available as remote or part-time work. I'd suggest reaching out to your former employer's HR department now to get a letter detailing your job responsibilities and any accommodations they provided - this documentation will be gold during the adjudication process.
I was in a similar situation about 6 months ago - receiving SSDI and working part-time when I got laid off. The process was smoother than I expected once I understood the key points. First, make sure you have all your documentation ready before filing: your termination letter, pay stubs from your part-time work, and any medical records showing your work capacity. NYS Department of Labor will want to see that you were successfully working despite your disability. Second, be prepared for the work search requirement to be more detailed than for typical claimants - I had to explain in my weekly certifications not just where I applied, but why each position was suitable given my limitations. The adjudicators are actually pretty reasonable once they understand your situation. I ended up collecting both benefits for about 4 months until I found another part-time position. One tip: if you're having trouble reaching NYS DOL by phone, try calling early in the morning right when they open - I had better luck getting through around 8 AM. Good luck with your claim!
Amara, thank you for sharing your experience! Your tip about calling early morning is really practical - I've been dreading the phone calls but knowing there's a better time to reach them helps. I'm curious about something you mentioned regarding the work search explanations in your weekly certifications. Did you find that the online system had enough space to provide detailed explanations about why each position was suitable, or did you have to call in to provide additional context? Also, when you mentioned being "more detailed than typical claimants," did this result in longer processing times for your weekly claims, or did they process normally once the initial adjudication was complete?
I just wanted to add my support to all the excellent advice you've received here. As a newcomer to this community, I'm really impressed by how knowledgeable and helpful everyone has been with your situation. The consensus seems clear - file your unemployment claim immediately and don't let the drug test failure discourage you from seeking benefits you may be entitled to. What really stands out to me is that multiple people have shared actual success stories of winning appeals in similar situations, which shows this isn't hopeless at all. Your chronic pain condition is a crucial detail that differentiates your case from recreational drug use. I'd recommend creating a timeline of events and gathering all your documentation now while everything is fresh - performance reviews, medical records, anything that shows you were managing your condition responsibly while being a reliable employee. The NYS Department of Labor has to prove willful misconduct, not just policy violation, and having a legitimate medical reason for marijuana use could be a game-changer in your case. Even if you face an initial denial, the appeals process gives you a real opportunity to present your full story to a hearing officer who can consider all the context. You've got nothing to lose by filing and potentially everything to gain - don't let fear of rejection stop you from pursuing benefits that could help you get back on your feet!
@McKenzie Shade absolutely nailed it with that comprehensive summary! @Jackson Carter - as another newcomer here, I m really'amazed by the depth of knowledge and support in this community. What gives me confidence about your situation is seeing how many people have faced similar circumstances and successfully navigated them. The fact that you re using'marijuana for chronic pain management - even without an official medical card - creates a legitimate medical context that could work strongly in your favor during the review process. I d echo'everyone s advice'about filing immediately through ny.gov and being completely transparent about both the drug test failure and your medical reasons. Start gathering your documentation now: performance reviews, medical records about your chronic pain, attendance records - anything that paints a picture of you as a responsible employee managing a health condition. Remember, the burden is on your employer to prove willful misconduct, not just policy violation. Your proactive approach in seeking advice shows you re taking'this seriously, which will serve you well throughout this process. Don t let'fear of an initial denial stop you - the appeals process is where many people win their cases by presenting the full context to a hearing officer!
I'm new to this community but wanted to reach out because your situation hits close to home - I have a family member who went through something very similar with the NYS Department of Labor. What I learned from their experience is that the system really does evaluate each case individually, and having a medical reason for marijuana use can make a huge difference in the outcome. Reading through all the responses here, I'm struck by how many people have successfully appealed initial denials in drug test cases. The key insight that keeps coming up is that the Department of Labor has to prove "willful misconduct" - not just that you violated company policy, but that you did so in a way that was intentionally harmful to your work performance. Your chronic pain management situation creates important context that distinguishes your case from recreational use. My advice echoes what others have said: file your claim immediately through ny.gov, be completely honest about everything (the drug test AND your medical reasons), and start gathering documentation now - performance reviews, medical records about your chronic pain, attendance records, anything showing you were a reliable employee. Don't be discouraged if you get an initial denial - that's often just the first step, and the appeals process is where you can present your full story. You deserve to have your case evaluated fairly, and from everything shared here, it sounds like you have stronger grounds than you might think!
Caden Nguyen
UPDATE: I finally got through to someone at unemployment! For anyone who might have the same issue in the future - I uploaded my documents (though I was late) and then called using the Claimyr service that someone mentioned below. Got through to an agent who was actually really understanding. She put a note on my account about the late submission and assured me my benefits won't be interrupted. Such a relief! Thanks everyone for your help and advice!
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Avery Flores
•That's awesome! Glad it worked out for you!
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Zoe Gonzalez
•Thanks for updating us. This is good information for others who might face similar situations. Always good to hear when things work out well with NYSDOL since we hear so many negative stories.
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NeonNebula
Great to see this worked out! For anyone else reading this thread, I'd recommend setting up email notifications or calendar reminders immediately when you receive any correspondence from NYSDOL. I learned this the hard way after missing a deadline last year. Also, if you're ever unsure about any unemployment-related deadlines or requirements, don't hesitate to reach out to this community - there are clearly some very knowledgeable people here who are willing to help!
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Dylan Mitchell
•This is such great advice! I'm new to unemployment claims and honestly had no idea how strict they could be with deadlines. Reading through this thread has been really eye-opening. I'm definitely going to set up calendar reminders for any future communications. It's also reassuring to know there are people here willing to share their experiences and help others navigate this system. Thanks to everyone who contributed - this kind of community support makes such a difference when dealing with bureaucracy!
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