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Update from what I heard: NYSDOL is aware of the duplicate waiver emails and they're working on sending a clarification email to everyone affected. But don't wait for that email - if you're concerned, you should still call to verify your status. The new system migration has caused lots of headaches for both staff and claimants.
Glad to hear you got it sorted out! For anyone else dealing with this - I work in IT and system migrations like this often trigger duplicate automated emails because the new system doesn't properly sync with historical data from the old system. It's frustrating but pretty common during transitions. Definitely always better to call and confirm rather than assume it's just a glitch, especially with something as important as overpayment waivers.
I went through something similar a few years ago and wanted to share what I learned. First, definitely gather ALL your documentation - pay stubs, weekly claim forms, any correspondence with NYS DOL. Second, you might want to contact a legal aid society in your area - many offer free bankruptcy consultations even if you can't afford a private attorney. The NYC Bar Association has a pro bono program, and there are similar programs throughout NY state. Also, before filing bankruptcy, consider requesting a waiver of the overpayment from NYS DOL if you can show financial hardship - they sometimes grant these, especially if the overpayment wasn't due to fraud. The worst they can say is no, and it might save you from having to file bankruptcy at all.
This is really helpful advice, especially about the legal aid societies! I didn't know they offered free bankruptcy consultations. Do you happen to know if the hardship waiver request has to be done within a certain timeframe, or can I still apply for it even though my overpayment notice was from 6 months ago? And did you end up having to file bankruptcy or were you able to resolve it through other means?
I'm dealing with a similar situation right now and have been researching this extensively. From what I've found, unemployment overpayments to NYS DOL are generally dischargeable in Chapter 7 bankruptcy UNLESS they can prove fraud or willful misrepresentation. Since you mentioned you were honestly reporting your hours and it seems like their calculation error, you should be in good shape. However, I'd strongly recommend trying a few things first: 1) File a late appeal explaining you couldn't get through to anyone - NYS DOL sometimes accepts these with good cause, 2) Request an overpayment waiver due to financial hardship (form IA 765.1), and 3) if you do file bankruptcy, make sure to list NYS DOL as a creditor and send them a copy of your discharge papers afterward to prevent future benefit offsets. The bankruptcy will stay on your credit for 7-10 years, so it's worth exhausting other options first. Also, definitely keep all your documentation showing you reported earnings correctly - that's your best defense against any fraud allegations.
Gabriel, I went through this exact same thing a few months ago. You don't have to wait at all - you can file a new claim immediately after your benefit year ends. The tricky part is making sure you have enough qualifying wages during your new base period (which is different from your original base period). Since you mentioned working part-time for 8 months, you'll want to add up all your earnings during that time. If you earned at least $2,600 total with $1,600 in your highest earning quarter, you should be good to go. The NYS DOL website has a wage calculator tool that can help you figure out if you meet the requirements before you apply.
That wage calculator tool sounds really helpful! I've been trying to figure out if my part-time earnings would qualify me for a new claim. Do you happen to remember where exactly on the NYS DOL website that calculator is located? I've been having trouble navigating their site to find the right tools.
definitely file! even if its not a ton of money every bit helps when you're unemployed. the worst they can say is no but you'll probably qualify
I filed for unemployment after working part-time at a grocery store for about 6 months (roughly 28 hours/week at $15/hour) and I'm so glad I did! I ended up getting $165 per week which made a huge difference while job hunting. The application wasn't too bad - I did it online through my.ny.gov and it took maybe 30 minutes to complete. Just make sure you have your employment dates, employer info, and reason for separation ready. The hardest part was actually getting through the initial phone interview to confirm everything, but once that was done the weekly certifications are pretty straightforward. Don't overthink it - you paid into the system, so you deserve to use it when you need it!
Simon White
processing can also mean they're waiting for some document you forgot to submit... check if theres any messages in your account asking for additional info
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Austin Leonard
I'm going through the same thing right now - filed about 8 days ago and still showing processing status. From what I've read, NYS Department of Labor is really backed up lately so the processing times have been longer than usual. I've been checking my account daily but trying not to stress about it too much since everyone seems to say it's normal. Just make sure you keep doing your weekly certifications like others mentioned because those weeks count once you get approved!
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