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From what I understand, the key issue is the 'able and available' requirement for unemployment. If you're medically unable to work, you can't truthfully certify that you're able and available each week. I'd recommend contacting NYS Department of Labor directly to explain your medical situation and get official guidance before making any decisions about stopping or continuing your weekly claims.
I'm dealing with a similar situation right now and wanted to share what I learned from talking to a case worker. The timing of when you stop unemployment versus when you apply for disability matters a lot. You should stop certifying for unemployment benefits as soon as you know you're unable to work, not wait until disability is approved (which can take months). If there's any overlap period where you collected UI while unable to work, NYS Department of Labor can require you to pay it back even if it wasn't intentional. Also, make sure to keep documentation from your doctor about when your condition started affecting your ability to work - this helps establish the exact date you should have stopped claiming UI benefits.
This is really helpful information, thank you! I hadn't thought about the documentation aspect. My doctor visit was last Tuesday when she first mentioned I might need disability - should I consider that the date I became "unable to work" even though I was still hoping to keep looking for jobs? I'm worried about creating problems with NYS Department of Labor if I pick the wrong date.
I feel your pain @Liam Fitzgerald - the waiting week hit me hard too when I first filed. One thing that helped me was reaching out to local food banks and churches while waiting. Many have emergency assistance programs that can help with groceries or utility bills. Also check if your county has any emergency rental assistance programs. The waiting week is awful but there are resources out there to help bridge the gap until that first payment comes through. Hang in there! 💪
This is solid advice! @MoonlightSonata food banks were a lifesaver for me too during my waiting week. Also wanted to add that some utility companies have hardship programs where they'll defer payments if you show proof of unemployment filing. Doesn't hurt to call and ask - worst they can say is no but many are surprisingly understanding about the situation.
The waiting week is such a financial hardship when you're already struggling! @Liam Fitzgerald have you looked into your local 211 services? They can connect you with emergency assistance programs in your area for things like food, utilities, and sometimes even small cash assistance. Also, if you have any gig work options like DoorDash or Uber, you can still do that during your waiting week without it affecting your unemployment claim (just make sure to report the income when you certify). I know it's frustrating but try to hang in there - that first payment will come and you'll get through this rough patch! 🙏
@Carmen Flores great point about the gig work! I didn t'realize you could still do that during the waiting week. Does anyone know if there s'a limit to how much you can earn from gig work before it affects your weekly benefit amount? I m'thinking about doing some Instacart deliveries to help cover groceries but don t'want to mess up my claim.
I've been on unemployment for about 6 months now and here's what I've learned about the timing: The KeyBank card deposits are pretty consistent but there's always that nerve-wracking 24-48 hour window after the release date. In my experience, if your payment was released yesterday (Tuesday), you should definitely see it by Thursday morning at the latest. The first payment can sometimes take an extra day or two compared to regular weekly payments. I'd recommend checking the KeyBank app first thing tomorrow morning around 6-7am - that's when mine usually posts. If it's not there by Thursday afternoon, then I'd start making calls. Good luck with the rent situation, I know how stressful that waiting period can be! 🤞
I've been dealing with the same KeyBank timing issues for months now. Based on my experience, if your payment was released yesterday, you should see it hit your card by tomorrow morning (Wednesday). The timing is usually pretty consistent - 1-2 business days after the release date. My payments typically show up around 6-8am when they do post. Since this is your first payment, it might take an extra day compared to regular weekly payments, but I wouldn't panic unless it's not there by Thursday. The KeyBank automated phone line (866-295-2955) can sometimes show pending deposits before they appear in your account balance, so try calling that if you want to check. Hang in there - the waiting is the worst part but the money will come through!
I'm going through something similar - my claim has been pending since November and I can't get any real answers either. From what I've researched, there have been some class action suits filed against NYS DOL in the past few years, but they're hard to find info about. Try searching for "unemployment class action New York" on legal websites or contact the New York State Bar Association's lawyer referral service. They might be able to point you toward attorneys who are actively working on these cases. Also document everything - dates you called, screenshots of your online account, any correspondence. That paper trail will be crucial whether you go the legal route or keep fighting through appeals.
Thanks for the detailed info! I've been documenting everything but didn't think to check the NY State Bar Association's referral service - that's a great suggestion. Do you know if there are any specific law firms that specialize in unemployment cases or have experience with DOL class actions? It's so frustrating that we have to become legal researchers just to get the benefits we're entitled to.
I'm dealing with a very similar situation - my claim has been stuck since December with zero communication from NYS DOL. From what I've found, there are a few law firms that have handled unemployment class actions against NYS DOL, including Legal Aid Society and some private employment attorneys. You might want to check out the website for New York Legal Assistance Group (NYLAG) - they sometimes take on systemic unemployment cases. Also, try reaching out to your state assembly member's office - sometimes they can help cut through the bureaucratic mess when individual appeals aren't working. The whole system seems designed to wear people down until they give up, which is exactly what we can't let happen. Keep fighting and definitely keep documenting everything like others have suggested.
This is really helpful information! I've been stuck in the same nightmare since January and had no idea about NYLAG or that assembly members could help with DOL issues. It's crazy that we have to become experts in legal resources and government contacts just to access basic unemployment benefits. Has anyone had actual success getting their assembly member's office to intervene? I'm willing to try anything at this point - the stress of not knowing what's wrong with my claim or when it might be resolved is honestly affecting my health at this point.
Freya Nielsen
my cousin went through this exact thing. had to wait until she got a new job and worked for a few months before she could file a new claim. it sucks but thats how the system works i guess
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Ethan Wilson
I went through this same situation about 6 months ago. You definitely need to have worked and earned new wages since your benefit year started to qualify for a new claim. The earnings requirement Isabella mentioned is correct - $2,600 in your highest quarter plus total wages of at least 1.5 times that amount. I'd recommend checking your online account or calling to see what wage credits you have on file. Even if you don't qualify for regular UI right now, you might be eligible for other programs like SNAP or emergency assistance while you continue job searching. Don't give up - the job market is tough but there are resources available to help bridge the gap.
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QuantumQuest
•Thank you for the detailed breakdown, Ethan! This is really helpful. I'm new to navigating the unemployment system and wasn't aware of the specific wage requirements. It sounds like I should definitely check my wage credits first before applying. Did you find the SNAP application process easier than dealing with unemployment? I'm wondering if I should look into that while I continue job hunting, since it seems like I probably don't have enough new wages to qualify for a new UI claim right now.
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