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ugh the whole system is so confusing! I got one of these letters too and freaked out thinking I did something wrong. Turns out it's just paperwork nonsense
Just to clarify - fact finding isn't just paperwork. It's a legitimate investigation where NYS Department of Labor interviews both you and potentially your former employer to determine if you qualify for benefits. The outcome can definitely affect whether you get approved or denied, so take it seriously and provide accurate information.
Good to know. I definitely don't want to mess this up. Should I be preparing specific talking points for when they call me?
Yes, definitely prepare! Write down the exact date you were laid off, the reason your employer gave you, and any witnesses who were present. Also have your employment dates ready and be clear about your last day of work. The interviewer will ask specific questions about the circumstances of your separation, so having the facts straight will help you sound credible and consistent.
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oh and don't forget you'll need to do the weekly claims every week once you're approved. job search requirements are still the same whether you were contract or permanent employee
Thanks everyone for the helpful info! I'm definitely going to apply since I did get W-2s from all my contract positions. One thing I'm wondering about - do I need to report that the company said they "might" have more work in a few months when I file? I don't want to mess anything up by not being completely transparent, but it's also pretty vague and uncertain. Also, has anyone had experience with how they handle gaps between contracts? I had about 3 weeks between my last two contracts where I was actively looking for work.
Hey Steven! Great question about reporting the "might have more work" situation. I'd definitely mention it when you file - transparency is always better with unemployment claims. Since it's just a vague possibility with no firm dates or commitment, it shouldn't disqualify you from benefits. You're clearly available for work and actively seeking employment. As for gaps between contracts, those actually work in your favor for unemployment - it shows you were unemployed and looking for work during those periods, which supports your claim. The DOL understands that contract work often has natural gaps. Just document your job search activities during those 3 weeks in case they ask!
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honestly the whole system is messed up... you're stuck between a rock and a hard place. if you don't apply for unemployment you have no income, but if you do apply you might get in trouble later when disability reviews your case. it's like they want people to suffer while they wait for help. i've seen people wait 2+ years for disability decisions and what are they supposed to live on in the meantime??
I feel for anyone in this situation. The waiting periods are just cruel.
I went through this exact situation about 3 years ago and it was really stressful trying to figure out what to do. What I learned is that technically you can collect unemployment while waiting for disability, but you need to be very careful about how you handle it. The key thing is being honest - when you certify for unemployment benefits, you're saying you're able to work in some capacity, even if it's with limitations. I documented everything carefully and made sure my job search efforts were genuine (looking for positions I could actually do given my health issues). It's definitely a gray area and I was always worried about potential conflicts, but I needed the income while waiting. My disability case took 14 months to resolve, so the unemployment really helped me get by. Just make sure you keep detailed records of everything in case questions come up later.
Thanks for sharing your experience Oliver! It's really helpful to hear from someone who actually went through this process. 14 months is such a long time to wait - I can't imagine the stress you must have felt. When you say you documented everything carefully, what specific records did you keep? I want to make sure I'm prepared if I decide to go this route. Also, did you ever have any follow-up questions from either agency about the overlap in benefits?
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hang in there! mine took 9 weeks but I won and got like $4800 in back pay. definitely worth fighting if you know you're right
I'm going through the same thing right now - filed my appeal 3 weeks ago after being wrongly denied. It's so stressful not knowing when you'll hear back or get any income. Has anyone had success getting updates on their appeal status through the online portal, or is calling really the only way? The waiting is the worst part when you have bills piling up.
I feel your pain! The online portal is pretty much useless for getting real updates - it just shows the same basic status info. Calling is really your best bet, but like everyone says, it's nearly impossible to get through. I've been checking the portal obsessively but it hasn't changed since I filed my appeal 5 weeks ago. At least we know from others here that 8-13 weeks seems to be the norm, so hopefully we'll both hear something soon. The financial stress is real though - I'm burning through my savings just to keep up with rent.
Fatima Al-Farsi
I went through something similar in 2024 and had to appeal my benefit amount. The key thing to check is your base period - it's usually the first 4 of the last 5 completed calendar quarters before you filed. So if you filed late in 2024, make sure they're using the right quarters and all your W-2 wages are included. I found out one of my part-time jobs wasn't reporting correctly to NYS Department of Labor. You can request a wage transcript from the department to verify what they have on file versus what you actually earned. Don't give up - you're entitled to the correct amount based on your actual wages.
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Daniel Washington
•This is really detailed advice, thank you! I didn't realize I could request a wage transcript directly from NYS Department of Labor. That sounds like the best way to verify if they have all my earnings on file. Do you remember how long it took to get the wage transcript when you requested it? I'm hoping to get this sorted out soon since the difference in my weekly benefit amount really adds up over time.
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Javier Gomez
I had a very similar experience with NYS Department of Labor in 2024! My weekly benefit was also lower than expected and it turned out to be a base period issue. The $420 you're getting does seem low for your income level. One thing that helped me was filing an online inquiry through the NYS DOL website - sometimes it's faster than calling. Also make sure to check if you had any employers who might have been classified as independent contractor work that should have been W-2 wages. The department sometimes misses those or they get reported late. If you do find missing wages, you can request a redetermination and they'll recalculate your benefit amount retroactively. It's definitely worth pursuing since you could be missing out on significant money over the life of your claim.
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Keisha Taylor
•This is really helpful information! I didn't know about the online inquiry option through the NYS DOL website - that sounds like it might be worth trying before dealing with their phone system. The point about independent contractor work is interesting too. I did have some freelance work in 2024 that I'm not sure was properly classified. How do you go about requesting a redetermination if you find missing wages? Is there a specific form or process for that through NYS Department of Labor?
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