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This whole system is so backwards! Why can't they just make it retroactive to your last day of work? It's like they're punishing people for not knowing the rules. I lost out on 3 weeks because nobody told me this when I got fired.
I completely understand the frustration - I went through the same thing when I got laid off from my restaurant job last year. The key thing everyone's mentioned is absolutely right: file TODAY. Don't wait another day. I learned the hard way that NYS doesn't backdate claims, so every day you delay is money out of your pocket. The application on my.ny.gov is actually pretty straightforward once you get started. You'll need your Social Security number, driver's license, and employment info from the last 18 months. Even if you're still job hunting (which is great!), you can continue looking while collecting benefits - just make sure to report any work you do. The system is designed to support you while you find your next job, so use it!
This is really helpful advice! I'm curious about the employment info requirement - when you say "employment info from the last 18 months," what exactly do they need? Just employer names and dates, or do they want pay stubs and tax documents too? I want to make sure I have everything ready before I start the application.
Just to add - if you're planning to start collecting Social Security while still getting unemployment, make sure you understand the earnings test if you're under full retirement age. But since unemployment isn't earned income, it shouldn't trigger the earnings test anyway.
This is really helpful information everyone! I'm in a similar boat - been laid off from my job at 62 and trying to figure out the best strategy. Just to clarify what I'm understanding: my NYS unemployment won't reduce my future Social Security retirement benefits, but if I start collecting SS now while getting unemployment, the combination might push me into a tax bracket where I have to pay taxes on the SS benefits? Also wondering if there are any other programs or benefits that unemployment might affect - like Medicare eligibility timing or anything else I should be aware of?
You've got it exactly right! Your NYS unemployment won't reduce your future SS benefits since it's not earned income, but the combination could make your SS benefits taxable if your total income exceeds the thresholds. As for other programs - unemployment shouldn't affect Medicare eligibility since that's based on age (65) or disability status, not income. However, if you're looking at any income-based programs like SNAP or Medicaid, unemployment would count as income there. One thing to also consider is that if you start SS early at 62, you'll get reduced benefits for life compared to waiting until full retirement age, but that's separate from the unemployment issue. Have you calculated what the difference would be in your monthly SS payment if you start now versus waiting?
To clarify the job search requirements since there seems to be some confusion - it's 3 work search activities per week, not necessarily 3 job applications. This can include networking, attending job fairs, skills training, etc. You do need to keep records including employer name, date, method of contact, and position applied for. Regarding suitable work, in the first 10 weeks you can generally refuse work paying less than 80% of your previous wage, after that the standards become more flexible.
I went through a similar investigation last year and it was nerve-wracking, but it worked out fine since I had kept good records. In my case, it was triggered because my former employer initially reported that I was terminated for cause, but later changed it to a layoff after I provided documentation. The investigation took about 6 weeks total. My advice: gather everything now - pay stubs, bank statements, job search logs, any emails with employers about your separation. Also, if you haven't already, request a copy of your complete unemployment file from NYS DOL so you can see exactly what information they have. Most investigations of honest claimants get resolved favorably, it's just a slow process.
This is really helpful advice, thank you! I didn't know I could request my complete file from NYS DOL - that's a great idea to see exactly what they're looking at. How did you go about requesting that file? Was there a specific form or did you just call them? Also, did the investigation affect your benefit payments while it was ongoing, or were you still able to collect weekly?
I went through this exact same thing about 8 months ago and it was terrifying at first, but it turned out to be a data matching error. In my case, NYS DOL's system flagged me because someone with a similar name and birth date had filed fraudulent claims in a different region. The investigation took about 10 weeks total, but I was able to continue receiving benefits during the process (though they put a hold on payments for about 2 weeks initially). My biggest recommendation is to be proactive - don't wait for them to contact you again. Start gathering all your documentation now: employment separation letters, pay stubs from any part-time work, your job search activity logs, and any correspondence with former employers. Also, consider filing a Freedom of Information Act request to get your complete unemployment file so you can see exactly what triggered the investigation. Most importantly, respond to every communication immediately and keep copies of everything you send them. The fraud unit investigators are actually pretty reasonable once you get to talk to them - they deal with real fraud cases daily, so they can usually tell when someone is being honest.
This is exactly what I needed to hear - thank you for sharing your experience! It's reassuring to know that honest people do get through this process successfully. The data matching error possibility makes a lot of sense. I'm definitely going to start gathering all my documentation today and look into that FOIA request. Did you have to hire a lawyer or were you able to handle everything yourself? Also, when you say the investigators are reasonable once you talk to them, were you able to get through by phone or did most communication happen through mail?
NeonNomad
Wait, so if you're injured and can't work, you can't get unemployment? That seems backwards to me. I thought unemployment was for when you lose your job and need income support.
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QuantumQuest
•Unemployment insurance is specifically for people who are unemployed but able to work and actively seeking employment. If you can't work due to injury or illness, that's what disability insurance covers. They're two different programs with different eligibility requirements.
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Camila Jordan
@Zoe Dimitriou I went through almost the exact same situation two years ago when I tore my ACL in a skiing accident. Like others have mentioned, regular unemployment won't work since you can't meet the "able and available" requirement with medical restrictions. But NY State Disability Benefits was a lifesaver for me! The application process through wcb.ny.gov was pretty straightforward - you'll need your medical records showing the injury and work restrictions. One tip: make sure your doctor is specific about the dates you're unable to work, as that affects your benefit period. The payments aren't as much as unemployment would be (it's a percentage of your wages), but it definitely helps bridge the gap while you recover. I'd also suggest applying as soon as possible since there's typically a waiting period before benefits start.
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