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Make sure you're really clear about the timeline of events. I appealed mine and won because I could prove the employer changed their story between what they told NYS Department of Labor initially vs what they said later. Document everything and be very detailed about what actually happened on the day you were terminated.
just went thru this myself and won my appeal!! the key thing is dont let them intimidate you with legal language and stuff. stick to the facts of what really happened and explain why their decision was wrong. also get ready for a hearing because most appeals end up there anyway
The whole system is so confusing no matter what age you are!! I'm 45 and still get overwhelmed by all the requirements and forms. At least being older means you probably have more work history to qualify with higher benefit amounts.
I'm glad you asked this question - it's a common misconception that there's an age limit! I work with a lot of folks in career transitions and can confirm that New York State doesn't have any maximum age restrictions for unemployment benefits. What matters is that you're able and available to work, actively seeking employment, and meet the standard eligibility requirements. At 67 with 8 years at your last job, you likely have strong work history that should qualify you for benefits. Don't let anyone discourage you from filing - you've earned these benefits through your contributions to the system. File as soon as possible since there can be a waiting period, and make sure to document your job search activities from day one.
I went through something similar with my anxiety and panic disorder. One thing that really helped my case was getting a detailed letter from my psychiatrist that specifically mentioned how my work environment was exacerbating my condition and that continuing to work there would be harmful to my recovery. NYS Department of Labor seems to take it more seriously when the medical professional explicitly connects your mental health condition to your inability to continue in that specific job. Also, if you do decide to quit, make sure you phrase it as "constructive dismissal" if your employer was unwilling to accommodate your disability - this can sometimes be treated more like a termination than a voluntary quit. The process is stressful but don't let that discourage you from applying if you truly need the support.
This is really helpful advice! The "constructive dismissal" angle is something I hadn't considered. My employer basically said they couldn't make any accommodations and that I needed to "just deal with it" when I brought up my anxiety. That sounds like it could qualify as them being unwilling to accommodate my disability. Did you have to get a lawyer involved or were you able to navigate the constructive dismissal claim on your own through NYS Department of Labor?
@ec8bf9e37cd4 That's exactly the kind of documentation that made the difference in my case too! I'd also suggest keeping a journal of specific incidents where your anxiety was triggered at work and how your employer responded (or failed to respond) to your requests for help. NYS Department of Labor reviewers seem to want concrete examples rather than general statements about workplace stress. The more detailed your timeline and the clearer the connection between your work environment and your mental health deterioration, the stronger your case will be. It's definitely worth the effort to document everything properly upfront rather than trying to reconstruct it later during the appeals process.
I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a disability advocate. The key thing is that NYS Department of Labor looks at whether your resignation was "involuntary" due to circumstances beyond your control. For mental health conditions like anxiety, you need to show three main things: 1) Medical documentation that your condition prevents you from performing your job duties, 2) Evidence that you attempted to work with your employer on accommodations (even if they refused), and 3) Proof that continuing to work would cause significant harm to your health. I'm still in the process myself, but having everything documented from the start has made me feel more confident about my case. Also, don't be afraid to mention if your workplace contributed to or worsened your anxiety - that can actually strengthen your claim for good cause.
This breakdown is super helpful! I've been so overwhelmed trying to figure out what exactly I need to prove to NYS Department of Labor. The three-part framework you mentioned makes it feel more manageable. I'm going to start documenting everything more systematically - especially conversations with my manager about accommodations. Did your disability advocate give you any specific advice about how detailed the medical documentation needs to be? Like, does it need to mention specific job tasks that trigger anxiety, or is a general statement about work being harmful enough?
This thread is incredibly helpful and gives me so much hope! I'm currently in week 3 of review with a severance situation and was starting to really stress about bills. The detailed breakdown of your timeline and the specific office information is exactly what I needed to hear. I had no idea that different offices handle claims or that there were specific area codes to watch for. Almost missed a call from a 607 number last week thinking it was spam - glad I saw this before that happens again! Planning to call this Friday (hitting the 3-week mark) to check if I've been assigned to a caseworker yet. The fact that your employer didn't contest the severance and submitted everything promptly gives me confidence since my former employer has been pretty cooperative too. Thanks for sharing all the specific details and keeping everyone updated. Posts like this make such a difference when you're stuck in the "under review" limbo! Will definitely keep certifying weekly and hopefully can share some good news soon.
Good luck with your call on Friday! That 3-week mark seems to be the sweet spot based on everyone's experiences here. It's crazy how much useful information you can get from just one conversation with an agent - way more than staring at that "under review" status online. I'm really hoping to hear some positive updates from you and others who are calling around that timeframe. It sounds like once you get past the assignment hurdle, things tend to move pretty quickly, especially with cooperative employers like yours. The whole area code thing is such a good catch too - I probably would have ignored those calls thinking they were telemarketers! Definitely going to be watching for those 607/518 numbers when my time comes. Keep us posted on what you find out! These real-time updates from people going through the process are so valuable for understanding what to expect.
This is such a comprehensive breakdown - thank you for sharing all the specific details! I'm in week 1 of review right now (just filed this past Monday) and was already starting to get anxious seeing that "under review" status. Your post gives me a realistic timeline to work with instead of just wondering if something went wrong. The information about the different office area codes is incredibly valuable - I definitely would have ignored calls from 607 or 518 thinking they were spam. And the tip about calling at the 3-4 week mark rather than waiting indefinitely for system updates is gold. I also received a severance package when I was laid off last month, so it sounds like I should expect a similar extended review process. It's actually reassuring to know that this is normal for severance cases rather than thinking there's some problem with my claim. Going to bookmark this thread and follow everyone's advice about continuing weekly certifications and being patient but proactive. Really appreciate you taking the time to document your experience so thoroughly - it's helping a lot of us newcomers understand what we're actually dealing with! Fingers crossed you get your payment soon and can finally put this stress behind you. Keep us posted on how it goes!
Welcome to the waiting game! You're smart to find this thread early in your process - I wish I had found resources like this when I first filed. Week 1 anxiety is totally normal, but try not to stress too much yet since you're just getting started. Since you also have a severance situation, definitely plan on that 4-6 week timeline that everyone's been mentioning. The key things I've learned from reading through all these experiences: keep doing those weekly certifications religiously, save those 607/518 area codes in your phone so you don't miss any calls, and plan to call around week 3 for a status check. The fact that this is normal for severance cases was huge for me to learn too - I spent way too much time wondering if I did something wrong in my application. Turns out it's just the standard process for these types of cases. Hang in there and definitely keep us updated on your progress! This community has been incredibly helpful for navigating this confusing system.
Amina Diallo
ugh why is everything so broken?? 🤬 we're just trying to survive here and they make it impossible. the whole system needs an overhaul
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Natasha Orlova
•Calm down, Karen. They're probably just overwhelmed with claims. It sucks but no need to go all conspiracy theory.
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Amina Diallo
•@profile16 overwhelmed? its been 2 years since covid started. they've had plenty of time to fix this mess 🙄
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Victoria Charity
I had this exact same problem! Here's what finally worked for me: 1. Try logging in during off-peak hours (early morning or late evening) 2. Use the "forgot password" option to reset your login credentials - sometimes the system gets confused about authentication 3. If you're getting error messages, screenshot them and save the error codes - it'll help when you do get through to someone 4. Check if there are any outstanding documents or forms they need from you that might be blocking your weekly certification The pending status is super frustrating, but don't give up on the weekly certifications even if the system is glitchy. You'll need those to get backpay once everything gets sorted out. Hang in there! 💪
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Keisha Taylor
•This is super helpful advice! I especially like the tip about screenshotting error messages - I never thought to do that but it makes total sense. Quick question: when you say "off-peak hours," what times worked best for you? I've been trying randomly throughout the day with no luck.
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