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yeah my cousin had this exact thing happen, got hurt playing basketball and couldn't do his delivery job anymore. Got unemployment no problem as long as he kept applying for desk jobs and stuff he could actually do.
I went through something similar when I had surgery on my shoulder and couldn't do my retail job that required heavy lifting. The NYS Department of Labor approved my claim because I was honest about my restrictions and actively applied for jobs I could physically handle - mostly customer service and administrative positions. The key is being upfront about your limitations during the weekly certifications and keeping detailed records of your job search activities. Make sure to get a letter from your doctor clearly stating what type of work you can and cannot do - this helped me a lot when they reviewed my case. Also, don't wait to file - you can receive benefits as long as you're genuinely looking for work within your medical restrictions.
This is really helpful advice, thank you! Getting a detailed letter from my doctor sounds like a smart move. Did you have any issues with the weekly certifications when you had to check the "able and available" boxes? I'm worried about how to answer those honestly while still having physical restrictions.
The bureaucratic language makes everything so confusing. I spent weeks trying to figure out if I needed to apply for something different when I kept seeing 'involuntary unemployment insurance' mentioned everywhere. Turns out it's just what we all call unemployment benefits. NYS Department of Labor really needs to simplify their terminology!
As someone who recently went through the same process, I can confirm that "involuntary unemployment insurance" is just the official NYS Department of Labor term for regular unemployment benefits when you lose your job through circumstances beyond your control. The key word here is "involuntary" - it means you didn't choose to leave your job. Since you were laid off from your retail position, your job separation was definitely involuntary, so you're already receiving exactly what that terminology refers to. The Department uses this language to distinguish from cases where someone voluntarily quits without good cause (which typically disqualifies you from benefits). You're all set and not missing out on any additional programs!
The NYS Department of Labor website is terrible for explaining this stuff clearly. I had to call three times before someone explained that Sunday certification is for EVERYONE, not just certain benefit types. They really need better instructions on their site.
One thing that helped me was setting a phone reminder for every Sunday morning. I usually do mine around 8 AM after the system opens at 7:30 AM. The website can get slow later in the day when everyone is trying to certify. Also keep your work search log handy because they'll ask about any job applications or interviews you had during the week.
My brother got fired for attendance issues last year and still got unemployment after appealing. The key is showing it wasn't intentional misconduct. Good luck with your claim!
I work as an HR representative and deal with unemployment claims regularly. While you can file immediately, being terminated for tardiness after multiple warnings is typically considered misconduct in NY. However, each case is reviewed individually during adjudication. The Department of Labor will contact your employer to verify the circumstances. If you had legitimate reasons for some of the tardiness (like the car trouble you mentioned), make sure to document and provide evidence. Even if initially denied, you have the right to appeal and present your case at a hearing. File your claim right away regardless - the worst they can do is deny it, but you might be surprised by the outcome.
Nina Fitzgerald
The whole overpayment system is such a mess!! They send these scary letters but don't explain anything clearly. I had a friend who got one and it turned out to be NYS Department of Labor's mistake but she still had to fight for months to prove it. Keep all your documentation from when you filed - pay stubs, work search logs, everything.
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Jason Brewer
•Agreed, the notices are deliberately confusing. Most people just panic and start paying without understanding their rights.
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Victoria Brown
I went through this exact same situation last year with a $3,200 overpayment notice. The key thing is to act fast - you have 60 days from the notice date to request a waiver hearing. Don't ignore it hoping it will go away! I filled out Form IA 735.1 (Request for Waiver of Recovery of Overpayment) and included detailed financial info showing I couldn't afford repayment without serious hardship. It took about 4 months but they did approve my waiver. The most important thing is proving it was "non-fault" - meaning you didn't intentionally provide false information. If you were just following what you thought were the correct procedures after being laid off, that's usually considered non-fault. Get started on that paperwork ASAP!
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Liam Fitzgerald
•This is super helpful Victoria! I'm definitely within the 60 day window so I'll look for that Form IA 735.1 right away. When you say "detailed financial info" - did you have to show like monthly budget breakdowns or was it more general? I'm trying to figure out exactly what they need to see to prove hardship. Also really relieved to hear yours got approved, gives me hope this might work out.
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