New York Unemployment

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I'm new to unemployment benefits and this thread has been super helpful! I just filed my claim last week after being laid off from my restaurant job. Based on what everyone's saying here, it sounds like I should expect my benefit amount to stay the same for the entire duration of my claim, even if there's an annual increase in October. Is that correct? Also, does anyone know approximately how long it takes to get your first payment after filing? The NYS Department of Labor website mentions processing times but I'm getting conflicting information from different sources.

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Asher Levin

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@Giovanni Colombo Welcome to the community! Yes, your benefit rate will be locked in for your entire claim period. One thing to keep in mind as a restaurant worker - if you re'looking at seasonal work or catering gigs while job hunting, make sure to report any earnings when you certify each week. Even small amounts can affect your weekly benefit. Also, the job search requirement is usually 3 job contacts per week, but restaurant/hospitality jobs often have quick hiring cycles so you might find something faster than expected. Good luck with your search!

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StarStrider

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@Giovanni Colombo Just wanted to add that if you worked at multiple restaurant locations or had any side gigs in addition to your main restaurant job during your base period, make sure NYS Department of Labor has records of ALL your earnings. Sometimes smaller establishments or cash tip jobs don t'always report wages properly, which could mean you re'getting a lower benefit calculation than you re'entitled to. You can check your wage history through the online system once your claim is processed. If anything looks missing or incorrect, definitely contact them to get it corrected - it s'worth the hassle if it means a higher weekly benefit amount.

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Just wanted to share my experience since I went through something similar last year. I was receiving $342/week and kept hoping for an increase when I heard about the annual adjustment. What I learned is that even though NY does increase the maximum benefit amount each October, it doesn't help those of us already on claims. The frustrating part is that by the time you potentially refile (if you exhaust benefits), your new "base period" is still using wage data that's over a year old. I ended up finding work before my benefits ran out, but it really highlighted how the system doesn't account for current economic realities. My advice would be to focus your energy on job searching rather than waiting for benefit increases that won't come during your current claim period.

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Sarah Ali

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@Charlotte Jones Thank you for sharing your experience! That s'exactly what I was worried about - getting stuck in this waiting pattern when the reality is the increases just don t'apply to existing claims. It s'disappointing but you re'absolutely right that focusing energy on job searching is the better strategy. Did you find that employers in your field were understanding about the employment gap, or did you face any challenges explaining the time on unemployment during interviews? I m'trying to stay optimistic about finding something before my benefits run out too.

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good for you getting some work! better than sitting around doing nothing while collecting benefits

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Emma Johnson

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This is really helpful information! I've been on unemployment for about 6 weeks now and have been hesitant to take on any part-time work because I was worried about losing my benefits entirely. The way everyone explained the partial benefit calculation makes so much sense - I had no idea NYS Department of Labor actually encourages part-time work while job searching. I'm definitely going to start applying for some part-time positions now since I know I can still receive reduced benefits. Thanks for sharing your experiences, especially about the importance of reporting everything honestly!

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I'm going through something similar right now with a $1,900 overpayment notice. From what I've learned, you should definitely file both the appeal AND the waiver request - they're separate processes that can run simultaneously. The appeal challenges whether the overpayment is correct, while the waiver asks for forgiveness even if it is correct. Make sure you have copies of all your weekly certifications showing you DID report the work. I found mine in my online account under "Payment History" - it shows exactly what you reported each week. Also document any technical issues you had with the system or confusing instructions. The fact that you reported the work but maybe got the hours wrong is actually a strong point in your favor for a waiver since it shows good faith effort to comply.

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Dmitri Volkov

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This is really helpful advice! I didn't know I could file both at the same time. I'm going to check my online account right now to pull up those weekly certification records. It's reassuring to know that reporting the work but getting hours wrong shows good faith - I was worried they'd treat any mistake the same as fraud. Did you have to provide any specific documentation beyond the weekly certifications when you filed your waiver request?

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Zoe Stavros

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Carlos, I went through almost the exact same situation last year - $2,650 overpayment for underreporting part-time hours during a 4-week period. Like you, I had reported the work but miscalculated the hours on a couple weeks. Here's what worked for me: I immediately filed both an appeal AND a waiver request (as Harper mentioned, they're separate processes). For the appeal, I gathered my pay stubs, bank deposits, and screenshots of my weekly certifications showing I DID report income every week. For the waiver, I focused on proving it was an honest mistake - I wrote a detailed letter explaining how I calculated hours (I was mixing up gross vs net hours worked) and provided evidence of my good faith efforts. The key thing that helped was showing a pattern of consistent reporting with just computational errors, not hiding income. It took 3 months, but they reduced it to $650 and let me do a 12-month payment plan at $54/month. Don't panic - the fact that you reported the work puts you in a much better position than people who didn't report at all.

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This gives me so much hope! I've been losing sleep over this thinking my life was ruined. The fact that you got it reduced from $2,650 to $650 just by showing it was an honest mistake is incredible. I'm definitely going to follow your approach - filing both the appeal and waiver, and focusing on that pattern of consistent reporting with just calculation errors. Quick question: when you wrote your detailed letter for the waiver, did you submit it online or mail it in? I want to make sure I'm following the right process and not missing any deadlines.

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Oliver Schulz

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@Zoe Stavros This is exactly what I needed to hear! Your situation sounds almost identical to mine. I m'definitely going to follow your strategy with both the appeal and waiver. One quick question - when you mentioned mixing up gross vs net hours, do you mean you were reporting the total hours on your timesheet instead of just the hours that counted toward your weekly benefit amount? I think that might be exactly what I did wrong. Also, did NYS DOL give you any pushback on the payment plan or were they pretty reasonable about setting that up once they reduced the amount?

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Here's the official guide: When receiving severance, you should still certify weekly but report the severance as income for the week you receive it. After that week, if you receive no other income, continue certifying normally. Remember that severance might affect your initial eligibility period. If you're unsure about anything, best to speak with an agent directly. You can either keep calling the regular number or use claimyr.com to get through faster. Document everything and keep copies of your severance agreement handy.

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This should be pinned fr

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Aria Khan

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wish I knew this 3 months ago 😭

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Malik Jackson

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Just went through this exact situation last week! Yes, you absolutely need to report the severance when you file your weekly claim. Even though the questions don't specifically mention severance, it counts as "earnings" or "income" for that week. When it asks if you worked or earned any money, select yes and enter the severance amount. Your benefits will likely be reduced or stopped for that week depending on the amount, but that's normal and expected. Don't skip filing the claim though - you still need to certify to keep your claim active. Better to report it now than deal with overpayment issues later!

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StarStrider

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I went through this exact same situation last year when I got laid off from my warehouse job after 6 years. The 26 weeks is definitely correct - that's the standard in NY and there aren't any extensions right now like there were during COVID. One thing I wish I had known earlier is that you can actually check your remaining benefit balance online through the NYS DOL website, which helped me keep track of how many weeks I had left. Also, with your 8 years of work history and that salary level, you should qualify for a decent weekly benefit amount. Just make sure you're doing those job search activities every week and keeping good records - they can ask for proof at any time. The whole process feels overwhelming at first but you'll get the hang of it. Good luck with your search!

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@StarStrider Thanks for mentioning the online balance check feature! I had no idea you could track your remaining weeks that way - that's going to be super useful for planning ahead. It's reassuring to hear from someone who made it through this process successfully after so many years at one job. I'm definitely feeling that overwhelm you mentioned, especially since this is all new to me. Did you end up finding work before your 26 weeks ran out? And do you have any tips for keeping organized with the job search record keeping? I want to make sure I'm documenting everything properly in case they do ask for proof later.

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Ben Cooper

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I was in a similar boat when I got laid off from my accounting firm two years ago. The 26 weeks is definitely accurate, and just to add to what others have said - make sure you understand that your benefit year starts from when you first file, not when you get approved. So even though you filed last week, your 52-week benefit year clock started ticking then. During those 52 weeks, you can collect up to 26 weeks of benefits. Also, since you mentioned you're 34 and this is your first time with UI, don't forget that you might be eligible for other programs too like SNAP benefits if your unemployment payments don't cover all your expenses. The manufacturing background should actually help you in your job search - there's decent demand in that sector right now. Keep your head up, the system can be confusing but you'll figure it out!

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