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The NYS Department of Labor phone system is impossible to get through to ask these kinds of questions. I've been trying for weeks to clarify my own eligibility issues. If you need to actually talk to someone, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
One thing to remember is that if you don't qualify for a new regular UI claim, you might still be eligible for extended benefits depending on the unemployment rate. But those programs come and go, so check with NYS Department of Labor when you file.
I'm in a similar situation - my benefits are ending soon too. From what I've researched, you can file immediately when your benefit year ends, but the key thing is whether you've earned enough wages since your last claim started. NYS Department of Labor looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters. If you only worked part-time or sporadically during your claim, your new benefit amount might be significantly lower. I'd suggest gathering all your wage statements from any work you did during your claim period before you apply - you'll need those to show your earnings.
This is really helpful info, thanks! I've been keeping track of my part-time work but wasn't sure about the base period calculation. Do you know if there's a minimum amount you need to earn during that base period to qualify? I'm worried my 6 weeks of part-time work might not be enough to get a decent benefit amount.
You don't need a lawyer for the unemployment hearing. Most people represent themselves and do fine. Just make sure you have copies of everything - termination letter, any emails about the layoff, witness contact info if coworkers can back up your story. The ALJ will ask both you and your employer questions. Stay calm and stick to the facts. Since you have written proof of the layoff, you're in a good position.
This is really helpful. I do have some emails from my manager about the company restructuring. Should I submit those as evidence too?
I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.
This is excellent advice, especially about submitting evidence beforehand! I didn't know you could email documents to the ALJ's office ahead of time. That sounds way better than trying to explain everything during the hearing. I'll definitely look for any company announcements about layoffs - good thinking. Thanks for sharing your experience, it's really reassuring to hear from someone who went through this successfully.
I'm going through the exact same thing right now! Filed my claim on September 30th and got those two letters within the first week, but it's been radio silence since then. The waiting is absolutely killing me - I keep refreshing my payment history page hoping something will magically appear. Reading through everyone's experiences here is both reassuring and terrifying at the same time. It sounds like 3-4 weeks is the new normal, which means I've still got another week or two to go. Has anyone had luck calling early in the morning or later in the evening to get through to someone?
Hey Javier! I've been trying different times too and honestly haven't had much luck. Early morning (like 8-8:30am) seems slightly better than midday, but still mostly busy signals. I read somewhere that Tuesdays and Wednesdays might be less busy than Mondays, but who knows if that's actually true. The whole system is just overwhelmed right now. At least we know we're not alone in this nightmare waiting game! Keep me posted if you manage to get through - I'm curious if they'll give us any real updates on our claims.
I'm in a similar situation - filed September 22nd and got those same initial letters but nothing since! The waiting is so nerve-wracking, especially when you're trying to budget with no idea when payments will actually start. I've been keeping detailed notes of all my certification dates and checking the payment history obsessively. One tip I found helpful: I set up text alerts through my bank so I'll know immediately if any deposits come through. Also been screenshotting everything in case I need proof later. It's frustrating that there's no clear timeline or status updates, but reading everyone's experiences here makes me feel less alone in this process. Fingers crossed we all see some movement soon!
Amara Eze
I'm in a similar situation and found that the key is understanding the "able and available" requirement. Even if you have a medical condition, you might still qualify for unemployment if you can perform some type of work, just not your previous job. For example, if your doctor clears you for light duty or part-time work but your employer can't accommodate those restrictions, you could potentially file a claim. I'd recommend getting a detailed statement from your doctor about what work activities you CAN do, not just what you can't do. This documentation could be crucial when speaking with NYS Department of Labor representatives about your eligibility.
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Javier Cruz
•This is really helpful advice! I never thought about getting documentation that shows what I CAN do rather than just what I can't. My doctor has been focusing on my limitations, but you're right that showing I'm still able to do light work might make all the difference for unemployment eligibility. Did you have to go through any specific process to get that kind of statement from your doctor, or did they understand right away what you needed for the unemployment application?
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Ahooker-Equator
I had to deal with this exact situation last year when I developed carpal tunnel that prevented me from doing my data entry job. What really helped was calling NYS Department of Labor and explaining that while I couldn't do my specific job duties, I was medically cleared for other types of work. They told me I could file a claim as long as I was actively seeking work I could physically do. The tricky part is you have to keep certifying that you're able and available for work each week, so make sure your doctor's restrictions don't completely prevent you from working ANY job. Also, document everything - save all your medical records and job search activities because they may audit your claim later. It took about 3 weeks to get my first payment, but it was a lifesaver during my recovery period.
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Diego Vargas
•This is exactly the kind of detailed experience I was hoping to hear about! The carpal tunnel situation is really similar to mine - I can't do my current job but I'm not completely disabled. Did you find that employers were understanding when you explained your medical restrictions during job interviews? I'm worried about how to handle that conversation while still showing I'm genuinely available for work. Also, when you say they may audit your claim later, what kind of documentation did they actually ask for? I want to make sure I'm keeping the right records from the start.
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NebulaNomad
•@Ahooker-Equator This is really encouraging to hear! I'm dealing with a similar chronic condition and was worried I'd have no income options while I figure out my work limitations. When you were job searching during your recovery, did you disclose your restrictions upfront in applications or wait until interviews? I'm trying to balance being honest about my limitations while not immediately disqualifying myself from opportunities. Also, did NYS Department of Labor give you any guidance on what types of jobs to focus on, or was it more general "any work you can physically do"? I want to make sure I'm meeting their requirements while also being realistic about what I can handle health-wise.
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