


Ask the community...
Good luck with everything! The transition from workers comp back to job searching can be stressful but at least you have the settlement to help while you look for work.
I went through something similar about 6 months ago with a knee injury workers comp case. The most important thing is having that medical clearance documentation ready - NYS Department of Labor will definitely want to see that you're physically able to work. Also, when you file online, there's a specific section about workers comp benefits where you'll need to be upfront about the settlement. They mainly care about whether any part of the settlement covers future wage loss (which it sounds like yours doesn't). The whole process took about 3 weeks for me to get approved. Make sure you start your work search activities right away since they'll ask for proof of job hunting efforts. Best of luck!
This is really helpful, thank you! I'm glad to hear the process went smoothly for you. I've already started looking at job postings online and have a few applications ready to submit. It's good to know that 3 weeks is a reasonable timeframe to expect. I was worried it might take much longer given that workers comp was involved. Did you have to provide any specific documentation about your settlement beyond just mentioning it in the application?
@Savannah Vin They didn t'ask for the actual settlement paperwork during my application, but I did keep copies ready just in case. They were more focused on the medical clearance and making sure I understood the work search requirements. Since you re'already preparing job applications, you should be in good shape! The key is being proactive with documenting your job search efforts from day one.
I'm so sorry you're going through this nightmare with NYSDOL. Four months is absolutely unacceptable, especially when you're facing car repossession. I went through something similar last year and the stress was overwhelming. A few additional suggestions that might help: 1. If you have a Twitter account, try tweeting @NYSDOL with your case details - they sometimes respond faster to public complaints 2. When you call, press 1 for English, then 1 for unemployment, then 2 for existing claim, then 3 for payment issues - this routing sometimes gets you to different representatives 3. Try calling the Teleclaim line at 888-581-5812 and pressing 0 to speak to someone - it's meant for weekly claims but sometimes they can transfer you to the right department The fact that your car is about to be repossessed should definitely qualify you for expedited processing. Make sure you mention "financial hardship" and "imminent loss of transportation" in every communication. Keep us updated on how the assembly member contact goes - that's often the breakthrough people need. Hang in there!
Thank you so much for these additional tips! I hadn't thought about trying Twitter - that's actually a really smart idea since they probably don't want negative publicity. I'll try that phone routing you mentioned too. I've been just hitting the main options but maybe a different path will get me to someone who can actually help. The teleclaim line idea is interesting - worth a shot at this point! I'm feeling a bit more hopeful with all these suggestions. Will definitely keep everyone posted on what works. Really appreciate you taking the time to help!
I'm really sorry to hear about your situation - 4 months is way too long to wait for unemployment benefits, especially when you're facing car repossession. I had a similar experience last year where my claim was stuck for 2+ months. What finally worked for me was a combination of things: 1. I found my local assembly member's office was incredibly helpful - they have a direct line to DOL and can often get answers within a few days 2. The UI-640 hardship form that someone mentioned is crucial - make sure to include documentation about your car repossession threat 3. I also had success calling right at 8am when they open, but instead of the main line, try 888-209-8124 One thing that might be happening is your claim could be stuck in "adjudication" - which means they're reviewing something but haven't told you what. Sometimes it's as simple as needing to verify your last employer or work dates. Don't give up! The squeaky wheel gets the grease with NYSDOL unfortunately. Keep calling, keep emailing, and definitely pursue that assembly member contact. Your benefits are there waiting for you - it's just a matter of getting the right person to push your claim through. Hang in there!
Just went through this whole process myself! Had 5 calls total over 6 months - they're definitely not monthly like I thought they'd be. The timing seems totally random but they do eventually stop once you establish a pattern of compliance. My advice is to always answer unknown NY numbers during business hours and keep a simple log of your job search activities. Makes the calls way less stressful when you're prepared!
Thanks everyone for sharing your experiences! I'm on my second call and was definitely worried this would be a monthly torture session. Sounds like it varies a lot but eventually stops - that's a huge relief. @Sophie Hernandez your breakdown was super helpful, especially about keeping detailed job search records. I've been kind of winging it with my documentation but clearly need to get more organized before the next call hits!
I went through this exact same confusion last year! The effective days are definitely what matters most now. I had 12 effective days left but my BYE date was still 4 months away - I thought I had plenty of time but nope, ran out in 3 weeks. The way I understand it: each week you certify uses up 4 effective days (assuming you qualify for the full week). So with 8 effective days, you've got 2 weeks max before benefits stop completely, regardless of that February BYE date. Since all the pandemic extensions ended, once your effective days hit zero, that's it until you can qualify for a new claim by working again. I'd definitely recommend ramping up your job search ASAP - those 8 days will go faster than you think! Also, if you need to talk to someone at DOL to confirm your situation or ask about next steps, I'd suggest trying one of those callback services like claimyr.com. I was skeptical at first but it beat spending days trying to get through on the phone myself. Good luck!
This is really helpful to hear from someone who went through the exact same thing! I'm definitely going to step up my job search immediately. Quick question - when you ran out of effective days, were you able to file a new claim right away or did you have to wait and work for a certain period first? Just trying to plan ahead for what happens after these 8 days are gone.
You have to wait and work enough to establish a new base period before you can file a new claim. In NY, they look at your earnings from the first 4 of the last 5 completed calendar quarters to determine if you qualify. So if you run out of benefits now, you'd need to work and earn enough wages (I think it's at least $2,600 total with at least $1,300 in your highest quarter) before you can file again. It's not like you can just immediately start a new claim unfortunately. That's why it's so important to find work before your effective days run out!
This is such a common source of confusion! I went through the exact same thing a few months ago. The key thing to understand is that your effective days are like your "benefit bank account" - once they're depleted, you're done receiving payments regardless of what your BYE date says. With 8 effective days remaining, you basically have 2 weeks of benefits left (since each week uses 4 effective days). Your BYE date of 02/13/2022 is just the absolute latest your claim could possibly run, but you'll hit zero effective days way before then. I'd strongly recommend getting in touch with a DOL agent to confirm your exact situation and discuss any options you might have. The phone lines are notoriously difficult, but I had success using claimyr.com to get a callback - saved me literally hours of redialing. They connected me with an agent who walked me through everything and helped me understand my timeline. Bottom line: start your job search in overdrive mode because those 8 days will be gone before you know it, and there are no more extensions available like there were during the pandemic. Good luck!
This is exactly the kind of clear explanation I wish the DOL website provided! I'm in a similar situation with running low on effective days and had no idea the BYE date was basically irrelevant once you hit zero. Thanks for the heads up about claimyr.com too - I've been trying to get through to an agent for weeks with no luck. Definitely going to check that out since I need to understand my options before my days run out completely.
I'm in almost the exact same boat - down to my last few effective days with months left on my BYE date. This whole thread has been super eye-opening because I honestly thought I had until February! Now I'm realizing I need to get serious about job hunting ASAP. Question for anyone who's been through this: once you exhaust your effective days, is there any kind of grace period or do the payments just stop immediately? Trying to figure out how tight my timeline really is here.
Fatima Al-Mazrouei
This is such a basic question but the NYS Department of Labor makes everything so confusing! Why can't they just say 'most recent job title' instead of 'main occupation'?? The whole system is designed to trip people up I swear.
0 coins
Dylan Wright
•I know right! Everything about filing unemployment is unnecessarily complicated.
0 coins
Mei Chen
•The terminology can definitely be confusing, but once you understand what they're looking for it gets easier to navigate the system.
0 coins
Logan Chiang
Just went through this same process last month! Definitely use "retail supervisor" since that was your most recent position. The NYS Department of Labor uses this mainly to categorize your claim and for their records. Your food service experience will still be valuable and you can include all of that work history in the employment section. The key is being consistent throughout your application - whatever you put as your main occupation should match what you list as your last job. Good luck with your claim!
0 coins
Declan Ramirez
•Thanks for sharing your recent experience! That's really helpful to know about being consistent throughout the application. I hadn't thought about making sure the main occupation matches what I put as my last job - that's a great point that could definitely save me from confusion later.
0 coins