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UGH this happened to me too but for like $4200!! The whole system is so confusing - how are we supposed to know exactly how to report everything when even the NYS Department of Labor agents give different answers? I'm still fighting mine and honestly considering just setting up a payment plan because the waiver seems impossible to get.
Don't give up on the waiver yet! Payment plans accrue interest but waivers eliminate the debt entirely. If you can show the overpayment happened due to unclear guidance or genuine confusion about reporting requirements, you have a shot.
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.
This is really helpful - I definitely qualify for financial hardship right now. Should I include medical bills and student loan payments as essential expenses?
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.
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!
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.
To directly answer your question about the process: 1) File initial claim online 2) Wait for monetary determination letter 3) File weekly claims starting the week after you file 4) Complete required job search activities 5) Receive payments (usually takes 2-3 weeks for first payment). If your employer doesn't contest and there are no eligibility issues, it's pretty straightforward. The problems usually come when there's adjudication or when people don't understand the weekly filing requirement.
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.
Jamal Edwards
same boat here - got canned for attendance issues but mine was medical related. still waiting to hear back on my claim
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Carmen Vega
I went through something similar when I was fired for attendance issues related to my kids getting sick frequently. The key thing that helped me was being completely honest about the circumstances when I filed. I explained the childcare situation in detail and provided documentation like daycare closure notices and pediatrician notes. NYS Department of Labor actually approved my claim because they determined it wasn't willful misconduct - just unfortunate circumstances. Don't let the fear of denial stop you from filing immediately. The worst thing you can do is wait, because there are strict deadlines for filing claims. Good luck!
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