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I was struggling to reach NYS Department of Labor agents to get clarification on my eligibility status when my claim got flagged for review. The phone lines are always busy and the online messaging never gets responses. I ended up using this service called Claimyr (claimyr.com) that got me through to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what documentation I needed to prove I was still eligible.
Same boat here! Restaurant worker too and the whole eligible thing had me stressed. As long as you're doing your weekly certifications honestly and keeping up with the job search stuff you should be fine. The restaurant industry is actually pretty good for finding multiple job leads each week since there's always turnover somewhere.
@Marcus Williams That s'really reassuring to hear from someone in the same situation! I ve'been worried about finding enough job search activities each week but you re'right about restaurant turnover. Do you typically apply to multiple places in a day or spread it out? I m'trying to figure out the best strategy to stay on top of the 3 activities requirement.
Being laid off is way easier than other situations for unemployment. I got laid off from my restaurant job last year and had no issues at all - claim was approved in like 10 days. Just make sure you have your last pay stub and any layoff notice from your employer when you file.
One thing I'd add is to file your claim online as soon as possible after your last day of work - don't wait! The NYS Department of Labor website (labor.ny.gov) lets you file 24/7 and it's much faster than trying to call. Also, if your company is doing a mass layoff (50+ people), they might have already filed a WARN notice with the state which can actually speed up processing since DOL already knows about the layoffs. Make sure to keep all your paperwork from your employer about the layoff - having that documentation ready will help if they need any clarification during the review process.
Progress is better than nothing I guess but the NYS Department of Labor system is so confusing. Why can't they just say 'under review' or something normal people can understand? And why does it take weeks just to verify basic information? Other states process claims way faster.
I've been through this same situation! "Progress" status drove me crazy for about 2-3 weeks, but it eventually switched to approved. The key thing is to keep filing your weekly certifications no matter what - I almost stopped doing them thinking it didn't matter, but my caseworker later told me that would have delayed my payments even more. The NYS system is definitely slow, but progress is actually a good sign that there are no major issues with your application. Hang in there!
The only potential tax consideration is that unemployment benefits are taxable income for federal and state taxes, while Social Security benefits may or may not be taxable depending on your total income. But this is just a tax issue, not an impact on the benefit amounts themselves.
I'm actually dealing with a similar situation right now - I'm 61 and just got laid off from my job of 15 years. I was also worried about how unemployment might affect my future Social Security benefits, so I did a lot of research and even spoke with someone at the Social Security Administration. They confirmed what others have said here - unemployment benefits are NOT counted as earned income for Social Security purposes and won't impact your benefit calculation at all. The Social Security Administration only looks at wages from employment and self-employment income when calculating your benefits. Unemployment insurance is considered an insurance benefit, not earnings. So you can definitely file with NYS Department of Labor without any concerns about your future Social Security. I filed mine last week and feel much better knowing it won't hurt my retirement plans.
Marcus Marsh
The unemployment system is so frustrating!! They make it seem like once you quit you're automatically screwed but there are definitely exceptions. I know someone who quit because their boss was making racist comments and they got approved after the investigation. Just be really detailed about WHY you had to leave when you file.
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Hiroshi Nakamura
I went through something similar about 6 months ago. The key thing I learned is that NYS DOL really does look at each case individually when it comes to voluntary quits. Mental health issues caused by a toxic work environment can definitely qualify as good cause, but you need to be prepared to explain how you tried to address the problems first. Did you talk to HR, your supervisor, or document any incidents? Even if you don't have tons of written evidence, they'll still review your case. I'd recommend filing the claim and being very thorough in explaining the timeline of events that led to your decision to leave. The worst they can do is deny it, but you might be surprised - and you can always appeal if needed.
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