New York Unemployment

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just wanted to say I hope your husband heals up quickly. construction injuries can be really serious and it sounds like you're dealing with a lot of stress right now.

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Thank you, that's really kind. It's been a tough few months but we're managing.

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I work in benefits administration and want to clarify a few things that might help. While it's generally true you can't collect both simultaneously, there are some nuances worth understanding. First, if your husband's workers comp case gets settled or closed, he could potentially become eligible for unemployment if he's then able and available for work. Second, some people don't realize that workers comp settlements can sometimes be structured to allow for a return to the workforce sooner. I'd strongly recommend contacting both his workers comp carrier and NYS Department of Labor directly to discuss his specific medical restrictions and work capacity. Document everything - dates, who you spoke with, what they said. This will be important if there are any disputes later. Also consider reaching out to a workers comp attorney for a consultation, as many offer free initial consultations and can help navigate the system more effectively than trying to figure it out alone.

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This is really helpful advice, thank you! I hadn't thought about the possibility of structuring a settlement to help with returning to work sooner. We've been so focused on just getting through each week that we haven't really looked at the bigger picture. Do you know roughly how long workers comp settlements typically take to negotiate? And would settling early potentially leave money on the table if his recovery takes longer than expected?

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Make sure you have your bank account info ready for direct deposit setup too. Also if you were in a union or had any pension contributions, that might affect your claim so have those details available.

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One thing to add - if you were laid off, try to get a separation letter from your employer stating the reason (layoff, lack of work, etc.). While not absolutely required, it can really speed up the process since NYS Department of Labor won't have to contact your employer to verify the reason for separation. This is especially helpful if your former company is slow to respond to unemployment inquiries.

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That's really good advice about the separation letter! I wish I had known that earlier. My employer was pretty disorganized during the layoffs so I'm not sure they'll be quick to respond to NYS Department of Labor. I'll reach out to HR tomorrow and see if they can provide something in writing about it being due to lack of work. Thanks for the tip!

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The whole NYS Department of Labor system is so confusing with their deadlines and hours. They should make this information clearer on their website instead of having people guess when things are due.

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I totally agree with everyone about the phone system being frustrating! One tip that's helped me - try calling right at 8:00 AM when they open, or during lunch hours around 12-1 PM when call volume sometimes drops. Also, make sure you're using the correct phone number for your specific issue (they have different lines for different problems). For weekly claims, I always submit mine on Sunday evenings just to be safe since the deadline is Sunday at midnight. The my.ny.gov portal is usually pretty reliable for online filing if you can avoid the phone calls altogether.

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That's really helpful advice about calling right at 8 AM or during lunch hours! I never thought about trying the lunch time slot. Do you know if there's a way to check online if your weekly claim went through successfully? Sometimes I submit it but get paranoid that it didn't actually process properly.

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Wait I'm confused about something - if you appeal and lose, can you appeal again? Or is that it? Also do you have to keep filing weekly claims while the appeal is processing?

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Good questions! If you lose the first appeal, you can request a board review as a second level appeal. And yes, you should continue filing weekly claims during the appeal process even though you won't get paid until it's resolved. If you win the appeal, you'll get all the back payments.

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I went through this same situation with NYS Department of Labor about 8 months ago. Definitely appeal - you have nothing to lose and everything to gain. The 30-day deadline is firm, so don't wait. I filed my appeal online through my.ny.gov which was pretty straightforward. The hearing was conducted over the phone and lasted about 20 minutes. The hearing officer asked me to walk through exactly what happened when I was laid off, and I had my layoff notice and final paycheck stub ready to reference specific dates. My former employer didn't even participate in the hearing, which apparently happens a lot. I won my appeal and got about 6 weeks of back payments. The whole process took about 2 months from filing the appeal to getting my first check. Don't let them intimidate you - if you were truly laid off due to business reasons, you deserve those benefits.

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This is really encouraging to hear! I'm in almost the exact same situation - laid off from restaurant work and they're claiming I quit. Did you need to provide any witness statements or was your layoff documentation enough? I have the email from my manager about the layoffs but wondering if I should try to get former coworkers to back up my story too.

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I went through this exact same situation last month! The retroactive payments are definitely the best part - you'll get all those weeks you were waiting during adjudication. In my case, I got about 4 weeks of back payments all at once, which was a huge relief. Just be patient with that first deposit, it might take a few extra days because they're processing multiple weeks. After that, the weekly payments come much more regularly. You're through the hardest part now!

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That's exactly what I needed to hear! Getting 4 weeks of back payments sounds amazing after all this waiting. I was starting to worry that the adjudication period meant I'd lose out on those weeks, but it sounds like they really do honor all the weekly claims you filed during that time. Thanks for sharing your experience - it gives me hope that this will all work out!

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I'm currently going through the adjudication process myself and this thread is so helpful! I've been filing weekly claims for the past 2 weeks while waiting for my determination. It's really reassuring to hear that all those weeks will be paid retroactively once approved. The uncertainty has been stressful, especially not knowing if I'm wasting my time with the weekly filings. @Caden Turner, please keep us updated on how long your first payment takes - it would be great to know what to expect timing-wise!

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