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Can I claim NY unemployment while attending out-of-state school? Need urgent answers

I just got accepted to a school in Pennsylvania and I'm planning to move there next month, but I'm still claiming NY unemployment benefits. My permanent address would still be in NY (parents' house) even though I'll be living in PA for school. Can I keep claiming my NY unemployment while I'm out of state for education? I've been trying to call NYSDOL for 2 weeks straight but can never get through to an actual person. Some friends are telling me it's fine as long as my permanent address stays in NY, others are saying I'll lose my benefits immediately. Anyone know the official rule on this? Don't want to accidentally commit fraud but also really need these benefits to survive while in school.

Callum Savage

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Yes, you can continue to claim NY unemployment while attending school out of state, BUT there are important requirements you need to meet: 1. You must maintain your NY residency (which it sounds like you're doing with your parents' address) 2. You must be able and available to work while in school 3. You must be actively seeking work in your local area 4. You must be willing to accept suitable employment if offered The key issue isn't where you physically are - it's whether you're truly available for work. NYSDOL will want to know that your schooling doesn't prevent you from accepting employment. If you're taking all online/evening classes and can work during normal business hours, you should be fine.

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Thank you! I'll be taking evening classes specifically so I can work during the day. Do I need to let them know I'm going to school at all? Or just keep certifying as normal?

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Ally Tailer

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my cousin did this last year. he went to school in ohio but kept his ny address and everything was fine. just make sure ur actually looking for jobs still cuz thats what matters

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This is misinformation and could get the OP in trouble. The rules aren't just about having an NY address - you have to actually be available to accept work in New York. If you're living full-time in another state, you're supposed to transfer your claim to that state. The system does track IP addresses and locations when you certify, and they do occasional verification checks.

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The key question is whether you're available for work while in school. I got flagged for review when I started a training program even though it was approved! They froze my benefits for almost 3 weeks while they "investigated" if my education interfered with my ability to work. Make sure you document everything and be prepared to prove you're still job searching.

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That's exactly what I'm worried about! I can't afford to have my benefits frozen for weeks during the move. Did they eventually restore your benefits or did you lose them?

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Cass Green

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You need to disclose that you're attending school when you certify. There's a specific question about education/training during your weekly certification. If you answer honestly, the system may flag your claim for review, but as long as your school schedule doesn't interfere with your ability to accept full-time work, you should still qualify. Regarding your out-of-state move: technically, you're supposed to be available for work in your labor market. If you're physically in Pennsylvania, that becomes your labor market, not New York. You might need to transfer your claim to Pennsylvania's unemployment system. I highly recommend getting official clarification before proceeding. Not doing so could result in an overpayment determination later.

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totally agree with this! my friend didnt tell them about her classes and then got hit with a huge overpayment bill + penalties later on when they found out. not worth the risk

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Madison Tipne

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I tried calling NYSDOL for WEEKS with a similar question last semester and it was IMPOSSIBLE to get through!!!! 😡😡 Their phone system is such a JOKE. I ended up having to file an appeal after they decided I wasn't eligible anymore because of my classes, even though I was taking them all online and could work anytime!!! The whole system is designed to make you give up! When you do finally get through to someone they give you totally different answers depending on who you talk to.

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Callum Savage

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You're right that getting through can be extremely difficult. For anyone struggling to reach an agent, I've had success using Claimyr (claimyr.com). They have a system that navigates the phone tree and gets you in the callback queue without the hours of trying. Saved me days of frustration when I had a similar issue. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE

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Has anyone actually been able to get a straight answer from NYSDOL about this? I'm supposed to move in 3 weeks and still don't know what to do.

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The official NYSDOL handbook states that you must report any change in your address or your availability for work. Moving out of state, even temporarily, affects both. Since you'll still maintain NY residency, you'll need to call and explain your situation. For school attendance, you need to be: 1. Available for full-time work 2. Willing to adjust your school schedule for work if necessary 3. Actively seeking work The safest approach is to report your school attendance during certification and be prepared to explain how it doesn't affect your work availability.

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Just wanted to share - I tried that Claimyr service someone mentioned above when I had a similar issue and it actually worked. Got through to NYSDOL in about 45 minutes after trying for days on my own. The agent told me that as long as you maintain your NY address as your permanent residence AND you're available for work, you can continue claiming. But she said I needed to note my school schedule in my work search record to show it doesn't interfere with employment.

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That's really helpful info, thanks! I might try that service since I'm running out of time. Did the NYSDOL person say anything about needing to transfer your claim to another state?

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Ally Tailer

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wait so do u need to be available for work in NY or in PA? confused

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Cass Green

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This is an important distinction. When you claim NY unemployment, you're certifying that you're ready, willing, and able to work in your labor market. If you physically relocate to Pennsylvania, that becomes your labor market. However, if you're just temporarily attending school while maintaining NY as your permanent residence with the intent to return, you may be able to continue your NY claim. But this is exactly the type of situation where getting an official determination is critical. For full clarity: maintaining your parents' address in NY while actually living in PA could potentially be considered misrepresentation if you're not planning to return to NY in the immediate future.

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Callum Savage

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Based on all the information in this thread, here's the most accurate answer I can provide: 1. You need to report your school attendance during weekly certification 2. You need to report your change of address (even if temporary) 3. You need to demonstrate you're available for work despite being in school 4. If you're permanently relocating to Pennsylvania, you should transfer your claim 5. If you're temporarily in Pennsylvania but maintaining NY residency with intent to return, you may be able to continue your NY claim, but should get official confirmation The bottom line is you need to speak with NYSDOL directly about your specific situation before making any decisions. Different circumstances can result in different determinations.

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Thank you everyone for the advice. I'm going to try to reach NYSDOL this week to get an official answer and make sure I'm following the rules correctly. Will update if I learn anything that might help others!

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