Backpay for NY unemployment from October 2025 - need to talk to Pre-date Dept?
I got laid off in October 2025 but haven't filed for unemployment yet (waiting until January 3rd, 2026). Just got off the phone with a rep after my Assemblyman's office made their 2nd request to help me. The rep told me I'll be able to get backpay from October when I file my claim on Jan 3rd, but I need to speak to a rep and ask to be transferred to the "BRI Pre-date Dept" who will release the payments. Has anyone gone through this backdate process? Will I have to verbally certify all those weeks from Oct till Jan 1st? Or will they just send me forms to fill out? I'm worried about remembering all the details for each week going back that far. Anyone know how this works?
18 comments
Ryan Vasquez
yeah i had to do this last yr.... you gotta talk to the BRI pre-date ppl but good luck even getting through to a regular rep to transfer you lol. took me like 2 weeks of calling
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Sarah Ali
•Ugh, that's what I was afraid of. Did you have to verbally certify for all the back weeks when you finally got through?
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Avery Saint
I went through this process back in July. Here's what happens: 1. You'll file your initial claim on Jan 3rd like normal 2. Then you need to speak with a representative and specifically request to be transferred to the BRI Pre-date Department 3. They'll review your eligibility for the backdated period 4. If approved, you will need to certify for each week individually In my experience, they didn't have me verbally certify - they sent me a DocuSign form where I had to certify for each week separately. You'll need to recall if you were available for work, actively seeking employment, and if you earned any income during each week. Make sure you have documentation of your work search efforts for each week since October. This is really important for the backdating approval.
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Sarah Ali
•Thank you SO much for this detailed info! This helps a lot. I've been keeping a basic job search log since I was laid off, so hopefully that's enough. Did they process your backpay pretty quickly once you submitted the DocuSign, or was there another waiting period?
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Taylor Chen
I tried getting backpay last month and it was a NIGHTMARE!!! They kept transferring me around to different departments and nobody could help. Finally got to the Pre-date dept after FOUR CALLS and then they said I didn't qualify because I didn't have a "good cause" for not filing earlier. Make sure you have a solid reason why you waited to file!
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Avery Saint
•This is an important point. For anyone seeking backdated benefits, NYSDOL requires "good cause" for why you didn't file when initially eligible. Common acceptable reasons include illness, misinformation from DOL staff, website/technical issues, or family emergencies. They've gotten stricter about this in 2025.
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Keith Davidson
I had to call like 50 times before getting through to anyone at NYSDOL last month. After trying for days, I finally used this service called Claimyr (claimyr.com) that got me connected to an agent in about 30 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE Once I got through, I explained my situation about needing backpay and they transferred me to the BRI Pre-date Dept immediately. Made the whole process way less stressful. The BRI folks asked me questions about each week and submitted my backdated certifications right there on the call.
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Ezra Bates
•does that thing really work? seems sketchy
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Ana Erdoğan
To directly answer your question about certification: It varies depending on who you speak with at the BRI Pre-date Department. Some representatives will have you verbally certify for each week during your phone call, while others will send you a secure form to complete. For your situation, since it's going back approximately 12-14 weeks, they'll likely use the form method rather than having you verbally go through each week on the call. Regarding your reason for delay, be aware that waiting because your employer suggested they might rehire you is considered a valid reason for backdating, but you'll need to clearly explain this. If possible, have any communication from your employer (emails, texts) showing they indicated potential rehiring. This strengthens your case significantly. Also, when you do reach the BRI Pre-date Department, get the representative's name and ID number. This helps if you need to follow up later.
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Sarah Ali
•Thank you for the detailed explanation! I do have some emails from my manager about the potential to bring me back, so I'll make sure to have those ready. Getting the rep's name and ID is a great tip too - I would have forgotten to do that.
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Sophia Carson
im going thru this RIGHT NOW actually!!! filed my claim yesterday (dec 26) and got backdated to September. i actually DID have to verbally certify for each week on the phone which was kinda stressful. the lady asked me for each week: 1) was i ready and able to work 2) did i refuse any work 3) did i work or earn any money 4) did i look for work each week. she went thru all 13 weeks with me on the phone! took like 30 min but she said my payments would process in 3-5 business days. make sure u have your job search records for EACH WEEK they will ask about it!!!!
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Ezra Bates
•did u have to give specific places u applied to for each week going back that far? i can barely remember what i applied to last week lol
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Elijah Knight
Wait I'm confused about something—why are you waiting until January 3rd to file? If you were laid off in October you should file ASAP. The longer you wait the harder it gets to backdate. Just curious why the specific date?
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Sarah Ali
•That's just what the rep told me to do when I called to ask about the process. They said to file on the first Monday in January (which is the 3rd). Maybe because of the holidays? Not sure, but I'm following their instructions to avoid messing anything up.
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Avery Saint
To update my earlier comment: I forgot to mention that when you do reach the BRI Pre-date Department, they'll likely ask about your work search activities. For each week you're requesting backdated benefits, you should have made at least 3 work search activities per week. Work search activities can include: - Applying for jobs (online or in-person) - Attending job fairs - Creating accounts on job search websites - Networking events - Career counseling appointments Since you're going back to October, I'd recommend creating a simple spreadsheet documenting what you can remember of your work search efforts. Even if it's not comprehensive, having something documented is better than nothing. After I certified for my backdated weeks, it took about 5 business days for the payments to start appearing in my account. They came in batches, not all at once.
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Sarah Ali
•This is really helpful! I've been keeping track of applications in my email, but I'll organize everything into a spreadsheet before my call. Good to know about the payments coming in batches too - I'll make sure not to panic if they don't all show up at once.
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Ryan Vasquez
btw my assemblymans office helped me too last time!! they sent in some special request that flagged my account and i got a call back from NYSDOL within like 48 hrs so if ur still having trouble after jan 3 def reach out to them again!!
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Sarah Ali
•That's good to know! They've been surprisingly helpful so far. I'll definitely reach back out to them if I run into problems after filing.
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