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To answer your original question more specifically: if NYS Department of Labor discovers unreported work, you'll receive an overpayment notice demanding repayment of all benefits received during the period you were working. They'll also likely impose a penalty (usually 15% of the overpayment amount) and could disqualify you from benefits for up to a year. In severe cases with intentional fraud, they can refer the case for criminal prosecution, though this is typically reserved for larger amounts or repeat offenders.
I went through something similar a few months ago. The anxiety is terrible, but you really need to act fast. When I called to report my unreported earnings, the representative was actually pretty understanding since I was being proactive about it. They set up a payment plan for the overpayment that was manageable - around $50 a month. The key is calling them yourself before they discover it through their auditing process. It shows good faith and they're more likely to work with you on repayment terms. Don't let the fear paralyze you - the longer you wait, the worse it could get.
Yeah I remember when I worked in HR we always had to budget for unemployment insurance costs. It's just part of doing business, like workers comp insurance.
Just to add some specific numbers - in NY the unemployment insurance tax rate for employers ranges from 0.6% to 9.9% of their payroll depending on their experience rating. New employers start at around 4.1%. So yes, your claim might bump up their rate slightly in future years, but that's literally what the system is designed for. Don't feel guilty about using benefits you're entitled to!
honestly the whole system is so frustrating... i had to deal with this same thing and nobody could give me a straight answer. ended up just picking one program because i was scared of getting in trouble
I work for a disability advocacy organization and see this question come up frequently. The key distinction is between "total disability" and "partial disability." If you're receiving short-term disability for a specific injury but your doctor has cleared you for modified work duties, you may qualify for both programs simultaneously. However, you must be completely transparent with both agencies. When filing for unemployment, you'll need to indicate your work restrictions and show you're actively seeking jobs within those limitations. The disability payments will likely reduce your UI benefit amount dollar-for-dollar, but you could still come out ahead financially. Document everything - your doctor's work capacity evaluation, job applications for suitable positions, and all communications with both agencies. Consider consulting with a benefits attorney if you're unsure, as incorrect reporting could result in overpayment demands later.
Update us on how it goes!! The disability system is SO broken in NY, I swear!!! Maybe your experience will be better than mine was. 🤞
Just went through something similar after a work injury last year. Few quick tips that might help: 1) When you call HR about the DB-450 form, also ask if your company has any short-term disability insurance beyond the state minimum - some employers have better coverage. 2) For the pothole claim, take more photos if you can (showing the size/depth) and maybe measure it if possible. 3) Keep ALL your medical records and receipts - you'll need them for both the disability claim AND any potential lawsuit. The whole process is frustrating but definitely pursue both the state benefits and the municipal claim. Good luck with recovery!
This is really helpful advice! I didn't think about asking HR if there's additional short-term disability coverage beyond the state minimum. That could make a huge difference financially. And yeah, I should definitely get better documentation of that pothole - I have some photos but they're not great quality since I was pretty shaken up after the accident. Thanks for the practical tips!
Daryl Bright
thanks for asking this, i was wondering the same thing. good to know about the 18 month thing, i thought it was just the last job
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Ava Thompson
One thing that really helped me when I filed was having my bank routing and account numbers ready for direct deposit setup. Also, if you've had multiple jobs in the past 18 months, try to gather as much wage info as possible - even if you don't have exact amounts, having a rough estimate speeds things up. The system will pull your actual wage records from employers later for verification. And definitely file online at my.ny.gov rather than trying to call - the online system is way more reliable than their phone lines!
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