


Ask the community...
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.
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?
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.
@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?
@Zoe Stavros Thank you so much for sharing your experience! Your case gives me real hope that this can be resolved. I m'curious about the timeline - you mentioned it took 3 months total, but do you remember how long each step took? Like how long before you heard back on the appeal vs the waiver? I want to manage my expectations and make sure I m'not panicking if I don t'hear anything for a while. Also, when they offered the payment plan, was that automatic or did you have to specifically request it? I m'trying to prepare for all possibilities here.
The number of people going thru this EXACT same thing right now is wild. They're cracking down hard on everyone post-pandemic. My theory is they're trying to recoup all the money they paid out during covid.
im dealing with almost the identical situation, except my penalty is $580 for not reporting some gig work i did. called for weeks with no luck. finally broke down and used claimyr.com after seeing it recommended here. got a callback within 3 hrs and explained my situation. the rep actually helped me file for a waiver since it was my first offense! worth a shot for u too
they asked for bank statements showing low balance and any past due bills to prove hardship. took about 3 weeks to get approved but they paused taking money from my benefits while it was processing!
This is so frustrating but unfortunately very typical of the NY unemployment system right now. That 2015 expiration date is a dead giveaway that something is seriously wrong with your account - either old data got mixed up or there's a system glitch affecting multiple people. I've been following similar issues in this community and it seems like there was a major system update that went wrong, causing old penalties and random dates to appear on current accounts. The fact that you weren't even on unemployment in 2015 makes this pretty clearly a system error. The double penalty situation (forfeit + still owing money) doesn't make sense either. Normally if they forfeit your entire weekly payment, that should count toward any penalty balance, not be separate from it. Here's what I'd recommend based on what's worked for others: - Document everything immediately, especially that 2015 date before it potentially gets "fixed" and disappears - Try the secure messaging system first asking specifically about the date discrepancy - If that fails, the callback services people mentioned seem to be the most reliable way to actually reach a human - Consider contacting your state representative's office - they often have direct lines to DOL Don't let them wear you down - this sounds like a legitimate system error that they'll have to fix once someone actually reviews your case. Keep us posted on how it goes!
This is really comprehensive advice, thank you! I'm definitely going to screenshot that 2015 date right away - you're right that it could disappear if they "fix" it. The secure messaging approach sounds like a good first step since I can document exactly what I'm asking and get their response in writing. I hadn't thought about how the forfeit should actually count toward any penalty balance - that's a really good point that I'll bring up when I finally get to talk to someone. It's reassuring to know this is happening to other people too, even though it shouldn't be happening to anyone! I'll keep everyone updated on what I find out.
This is absolutely ridiculous - the NY unemployment system is completely broken! That 2015 expiration date is definitely a red flag that screams system error. I've seen similar issues where old data gets randomly attached to current accounts after their system updates. The fact that you're getting both a forfeit penalty AND they're saying you still owe money makes no sense. If they're taking your entire weekly payment away, that should be applied toward whatever penalty balance they think exists - not be separate from it. It sounds like their system is double-dipping. I'd definitely screenshot that 2015 date before it potentially disappears. Also try sending a secure message through your online account specifically asking about that expiration date discrepancy - at least you'll have their response in writing. If you can't get through by phone (which seems impossible these days), consider reaching out to your assembly member's office. They often have direct contacts at DOL and can help cut through the bureaucratic mess. This is clearly a system error that needs to be fixed, not your fault. Don't let them discourage you from fighting this - you deserve your benefits and they need to sort out their technical problems!
Don't wait any longer!! File online at ny.gov today. The application isn't that hard and you can always call if you get stuck on something. Better to get the process started now than lose another week of benefits.
I went through the same situation last year - waited about a month before applying and kicked myself for it. The good news is you can definitely still apply since it's only been 6 weeks, but you're right to be concerned about the timing. When you do apply, make sure you keep detailed records of your job search activities because they'll ask about that during your weekly certifications. Also, be prepared that it might take a few weeks to get your first payment even after you're approved, so don't wait any longer. The online application at ny.gov is pretty straightforward - just have your Social Security card, driver's license, and information about your last employer ready.
This is really helpful advice, thank you! I do have all those documents ready. One quick question - when you say it took a few weeks to get your first payment, was that because of processing delays or just the normal timeline? I'm trying to figure out if I should expect my first check in like 2 weeks or more like a month from when I apply.
QuantumQuasar
UPDATE: I finally got through to someone this morning! Called at exactly 8:00 AM and got through after about 20 minutes on hold. Turns out there was a question about my employment dates that was holding everything up. The agent fixed it right away and said I should see my determination letter in the next few days. Thank you everyone for your help and suggestions!
0 coins
Yara Sayegh
•Great news! This is exactly why getting through to an actual person makes all the difference. Glad you were able to resolve it!
0 coins
Keisha Johnson
•thx for updating!! gives me hope that mine might just need a simple fix too
0 coins
Freya Nielsen
I'm going through the exact same thing right now! Filed my claim on 2/15 and it's been radio silence ever since. The automated system keeps saying no determination letter has been sent, which is so frustrating when you're trying to figure out if something went wrong. Reading through everyone's experiences here is actually really helpful - it sounds like this is unfortunately just the new normal with how backed up the system is. I've been certifying every week like clockwork even though I haven't gotten any payments yet. Planning to try calling right at 8 AM tomorrow after seeing how well that worked for others. Thanks for posting this - it's reassuring to know I'm not the only one dealing with this mess!
0 coins
Elijah Brown
•I'm in the same boat too! Filed around the same time as you and QuantumQuasar. It's so nerve-wracking when you don't hear anything for weeks. I've been wondering if I should try that Claimyr service that Amina and Oliver mentioned, especially since it seems like a lot of these delays are just simple issues that need a human to fix. Good luck with your 8 AM call tomorrow - hopefully you get through quickly!
0 coins