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I went through something similar last year - my claim was pending for 8 weeks! It turned out they needed additional documentation from my previous employer about my separation. The key is to keep calling early in the morning (like 8 AM sharp) when they open - that's when I finally got through. Also, if you haven't already, try contacting your local assemblyperson's office. They often have contacts at the Department of Labor who can help expedite these cases. Don't give up - the backpay will come once it's resolved, and like others said, make sure you keep certifying weekly!
That's really helpful advice about calling at 8 AM! I've been trying at random times during the day and never getting through. I hadn't thought about contacting my assemblyperson's office either - that's a great tip. Did they actually help you get your case moved along faster, or just provide information? 8 weeks sounds like what I might be looking at too, so it's good to know there's light at the end of the tunnel even if the wait is brutal.
This whole thread is makin me anxious AF cuz I just applied last week and now im scared ill be waiting forever too. The system is such a joke 😡
Most claims do go through normally! It's just that people with problems are more likely to post about it. Hope yours goes smoothly!
I'm so sorry you're going through this - 9 months is absolutely ridiculous! Reading through all these responses, it seems like the key is getting to someone who can actually see what's blocking your claim. Based on what others have shared, I'd suggest trying multiple approaches at once: 1) Use that direct claims specialist number someone mentioned (888-209-8124), 2) Contact your state representatives' offices for constituent services, and 3) Try that Twitter DM approach to @NYSLabor. The fact that so many people have had similar experiences and then got resolved quickly once they reached the right person gives me hope for you. Don't give up - you're entitled to those benefits and the backpay! Keep us updated on what works.
This is such a helpful summary! I was feeling overwhelmed reading through all the different suggestions, but you've organized it perfectly. I'm definitely going to try all three approaches - the direct number, my representatives, and the Twitter DM. It's encouraging to hear that so many people got their issues resolved quickly once they found the right person to talk to. Thanks for taking the time to pull all this together!
Good luck with filing tonight! One tip - make sure you have all your employment info ready before you start (employer names, addresses, dates worked, reason for separation). The application will time out if you take too long gathering documents. Also, once you file that initial claim, don't wait to start your weekly certifications - you can file your first weekly claim the Sunday after you submit your initial application, even if you haven't gotten your determination letter yet. The sooner you start that weekly routine, the sooner payments can begin processing.
That's really good advice about having all the documents ready! I didn't think about the timeout issue. Quick question - when you say "reason for separation," do I just put "laid off" or do they want more detail? My manager just said it was due to budget cuts and they had to eliminate my position.
For the separation reason, "laid off due to budget cuts/position eliminated" is perfect - that clearly shows it wasn't your fault. NYS Department of Labor just needs to understand you didn't quit or get fired for misconduct. Being specific about budget cuts actually helps your case since it shows the separation was employer-initiated for economic reasons. Just be honest and straightforward in your description.
One thing I wish someone had told me when I first filed - don't panic if your claim status shows "pending" for a while after you submit. That's totally normal while they process your application. Also, make sure to check your messages in the online portal regularly because NYS Department of Labor will send important updates there, not just to your email. And if you do end up needing to call them, try calling right when they open at 8am - that's when you have the best chance of getting through. The phone lines get completely jammed by mid-morning.
Thanks for that tip about calling at 8am! I'm definitely going to bookmark this thread because there's so much helpful info here. One more question - if my claim does get stuck in "pending" status, how long should I wait before getting concerned? Like is there a normal timeframe where I should expect it to move to approved/denied, or does it just vary wildly?
Construction work is seasonal though, right? You might qualify for standby status if your employer expects to bring you back. That could affect how your benefits work.
Sorry to hear about the layoff after 8 years - that's really tough. Just to clarify one thing about the 26 weeks: while that's the maximum for regular state unemployment, you should also check if you qualify for any federal programs or workforce development assistance given your construction background. Sometimes there are additional resources for workers in trades who've been with the same employer long-term. Your local One-Stop Career Center might have information about retraining programs or extended benefits you could be eligible for. Worth looking into while you're collecting your regular UI benefits.
Nia Davis
The financial hardship route for waivers is actually easier than most people think. You need to show that paying back the overpayment would prevent you from meeting basic living expenses. Include bank statements, rent/mortgage payments, utility bills, and any other essential expenses. NYS Department of Labor uses specific income thresholds but they're not published publicly.
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Diego Vargas
•This is really helpful - I definitely qualify for financial hardship right now. Should I include medical bills and student loan payments as essential expenses?
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Diego Mendoza
•Yes, definitely include both medical bills and student loan payments! Those are considered essential expenses for hardship determinations. Also include any childcare costs, car payments (if you need it for work), and prescription medications. The more documentation you can provide showing your monthly obligations exceed your income, the stronger your hardship case will be.
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Nia Jackson
I went through this exact same situation last year with a $3,100 overpayment. What really helped my case was gathering every piece of documentation I could find - screenshots of the online reporting system from when I filed, printouts of the guidance pages I followed, even my browser history showing I was trying to do it correctly. NYS Department of Labor approved my waiver based on "agency error" because their online system had confusing instructions about part-time work reporting. The key is showing you made a good faith effort to comply. Also, don't wait too long to file - there are deadlines for waiver requests that aren't always clearly stated.
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Sadie Benitez
•This is such valuable advice about documenting everything! I wish I had thought to take screenshots when I was doing my reporting. Do you remember roughly how long after your overpayment notice you had to submit the waiver request? I'm worried I might have missed some deadline already since I got my notice a few weeks ago.
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