New York Unemployment

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Ask the community...

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Just make sure you're honest about everything when you file your weekly claims. They audit people all the time and if they find out you weren't reporting business income correctly you could owe back all the benefits plus penalties.

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I went through this exact situation about 8 months ago when I started doing freelance graphic design work. The key thing I learned is that you absolutely have to report ALL income from your business activities, even if it's just $20 here and there. NYS Department of Labor considers any work you do for pay as "employment" regardless of whether you're W2 or 1099. I kept detailed records of every client payment and reported it on my weekly certifications. As long as you're genuinely still job searching (and can prove it with applications), you should be okay. Just be prepared for your weekly benefit amount to fluctuate based on what you earn from the business each week.

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This is really helpful to hear from someone who actually went through it! How did you handle the job search requirement while building your freelance business? I'm worried about spending time on client work when I should be applying to regular jobs, but I also need to deliver quality work to keep my consulting clients happy. Did you have any issues with NYS questioning whether you were truly available for full-time employment?

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I want to add some practical advice based on what I've learned from researching this topic. When you're preparing your documentation, make sure your mental health provider specifically addresses how your condition impacts your ability to perform your job functions - not just that you have anxiety/depression. The NYS DOL needs to see the connection between your mental health condition and your work capacity. Also, if you do decide to quit, try to frame it as "constructive discharge" if your employer failed to provide reasonable accommodations after you disclosed your mental health needs. Keep detailed records of any conversations with HR or your supervisor about your condition. The appeals process exists for a reason, so don't be discouraged if you get an initial denial. Many mental health-related claims are approved on appeal once all the documentation is properly reviewed.

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@Kaylee Cook This is incredibly helpful - thank you for breaking down the practical steps! The distinction between having a mental health condition versus showing how it specifically impacts job performance makes so much sense. I hadn t'thought about the constructive "discharge angle" either, but that could apply to my situation since my employer hasn t'been accommodating at all. Do you know if there s'a specific timeframe for documenting these conversations with HR/supervisors, or should I start keeping records from now forward? I m'realizing I should have been documenting things from the beginning, but better late than never I suppose.

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As someone who works in mental health advocacy, I want to emphasize that what you're going through is completely valid and you have every right to seek the support you need. The fact that your therapist is recommending time off for treatment shows this is a legitimate medical situation, not something you're making up. One thing I'd add to the excellent advice already shared - consider reaching out to your local NAMI (National Alliance on Mental Illness) chapter. They often have resources and can sometimes provide guidance on navigating unemployment systems with mental health conditions. They might even have volunteers who've been through similar experiences. Also, don't be afraid to use words like "medical condition" and "treatment plan" when describing your situation to the DOL - mental health conditions are medical conditions, full stop. You deserve the same consideration as someone with any other health issue that impacts their ability to work.

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@Marcus Marsh Thank you so much for mentioning NAMI - I had no idea they might have resources for navigating unemployment systems. That s'exactly the kind of support I need right now. You re'absolutely right about using medical terminology too. I think I ve'been minimizing my situation by calling it just "anxiety" and depression when really these are serious medical conditions that require treatment. It s'encouraging to hear from someone in mental health advocacy that validates what we re'going through. I m'going to look up my local NAMI chapter today. Having advocates and people who understand the system could make all the difference in getting through this process.

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Xan Dae

I just went through this same process a couple months ago after getting laid off from my restaurant job. The NYS Department of Labor calculation definitely isn't straightforward at first! What really helped me understand it was looking at my actual quarterly wage statements - you can usually find these on your pay stubs or request them from HR. Since you worked 8 months at $18/hour, you likely have wages in at least 2-3 quarters which should meet the minimum requirements. One tip: when you file your claim, make sure all your employer information is exactly right (business name, address, etc.) because any errors can delay your processing. Also keep track of your job search activities from day one since you'll need to report them weekly to maintain eligibility. The waiting can be stressful but having that weekly benefit amount definitely helps bridge the gap while you're looking for your next opportunity.

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Thanks for sharing your experience! That's a really good point about making sure all the employer information is exactly correct - I hadn't thought about how small errors could cause delays. Quick question about the job search activities you mentioned - do you remember what specific types of activities they required you to report? Like did you need to apply to a certain number of jobs per week, or were there other requirements too? I want to make sure I'm doing everything right from the start so I don't run into any issues with maintaining my eligibility.

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I can definitely relate to the confusion about NY unemployment calculations! When I got laid off from my office job last year, I spent hours trying to figure out what I'd actually receive. The key thing that helped me was understanding that NYS looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters before you file. Since you've been working 8 months at $18/hour, you should have a solid wage history. I'd recommend filing your claim ASAP - don't wait trying to optimize timing because you'll lose potential benefit weeks. Also, definitely gather all your pay stubs and employment info before starting the online application. The process took about 10 days for me to get my first payment, but having everything organized upfront really helped speed things along. One last tip: start documenting your job search activities immediately since you'll need to report them weekly to maintain eligibility. Good luck with both the claim and finding your next job!

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I was in this exact situation a few months ago! File your new claim immediately - don't wait. I made the mistake of waiting a week thinking I needed to, and it caused unnecessary delays. The key thing to understand is that when your benefit year ends, you need to establish a new claim to continue receiving benefits. Here's what worked for me: I called first thing Monday morning after my benefit year ended. Yes, their phone system is terrible, but persistence pays off. Have all your info ready - SSN, employment history from the past year, and any wages you earned during your benefit year (even small amounts matter). The rep will determine if you qualify for a new regular claim based on wages earned during your previous benefit year. If you don't qualify for a new claim, they'll check if you're eligible for any extension programs that might be available. Don't stress too much about the horror stories - while the system has issues, many people do get their claims processed smoothly. The important thing is to be proactive and call them directly rather than trying to figure it out online. Good luck!

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Thank you so much for sharing your experience! This is really helpful. I'm feeling a bit more confident about calling Monday morning now. Quick question - when you called, did you use the regular unemployment number or is there a specific number for filing new claims after your benefit year ends? I want to make sure I'm calling the right place and not wasting time in the wrong queue.

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Use the regular unemployment number - there isn't a separate line for benefit year transitions. When you get through the phone menu, select the option for "filing a claim" since that's essentially what you're doing. The automated system will try to route you to the right department. Just be prepared for long hold times - I started calling at 8am sharp and it still took me about 2 hours to get through. But once I got a human, they handled everything in one call. Have your previous claim confirmation number handy too if you still have it, as that can help them pull up your history faster.

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I just went through this exact same situation last month! Here's what I learned: you absolutely can file your new claim right after your benefit year ends - don't wait. I filed online the day after my BYE date and it actually went through smoothly. The key is having realistic expectations about whether you'll qualify for a new claim. If you didn't work much during your benefit year (which is totally understandable given the job market), you probably won't qualify for a new standard claim. BUT that doesn't mean you're out of options. When I called to follow up on my application, the rep explained that even if you don't qualify for a new claim, they can sometimes put you on what's called a "transitional claim" or connect you with job training programs that come with financial assistance. My advice: file online first thing Monday morning, but also call them that same day to speak with someone. The online system often glitches during these transitions, and having a human walk you through it makes all the difference. Yes, getting through by phone is awful, but it's worth the wait to avoid weeks of uncertainty. Don't let the system intimidate you - you've been paying into unemployment insurance and you deserve these benefits if you're eligible. Stay persistent!

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This is really reassuring to hear from someone who just went through it! I'm definitely going to try filing online Monday morning and then call to follow up. Can you tell me more about these "transitional claims" you mentioned? I'm pretty sure I didn't earn enough during my benefit year to qualify for a new regular claim, so knowing there might be other options is giving me some hope. Also, when you called to follow up, did you mention that you had already filed online or did you approach it like you were starting fresh?

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Same thing here - got the scary letter but it was just their computer system being dumb. As long as you've been honest about your work and reporting everything on your weekly claims you should be fine.

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I went through this exact same thing last year! The "potential overpayment" notice scared me too but it really is just their standard review process. In my case, it was because I had reported some freelance work but the timing of when I got paid versus when I reported it on my weekly certification got mixed up in their system. I gathered all my documentation - pay stubs, bank statements showing deposit dates, and screenshots of my weekly claim submissions - and sent everything in before the deadline. Took about 6 weeks but they eventually cleared it and I didn't owe anything. The key is responding promptly with all your records. Don't let it stress you out too much, these automated reviews happen all the time and most get resolved in the claimant's favor when they've been reporting honestly like you have.

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