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Laura Lopez

Can I file NY unemployment now for back weeks I never claimed?

I lost my job back in October 2024 but never filed for unemployment because I thought I would find a new job quickly. It's now February 2025 and I'm still looking. Can I file for NY unemployment now and get backpay for all those weeks since October? I really need the money and I've been eligible this whole time - just didn't apply. Has anyone successfully gotten backpay for weeks they didn't initially claim?

Unfortunately, NY unemployment doesn't typically allow you to claim benefits for weeks before you actually filed your initial claim. The general rule is that benefits start from the week you file, not when you became unemployed. You can only backdate a claim under very specific circumstances, like if there was a system error that prevented you from filing. You should still file ASAP to start getting benefits going forward. When you apply, there's a question asking when you became unemployed - be honest about October, but understand you'll likely only get benefits from your filing date onward.

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That's really disappointing :( I was hoping I could get something for those months since I was eligible. Do you know if there's any appeal process for this? Or some kind of hardship exception?

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i think u might be able to get some back pay if u call and explan ur situation. my cousin got like 3 weeks backpay when he filed late bc he was in the hospital.

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That's correct but very limited. NY unemployment can backdate claims for specific good cause reasons (technical issues, hospitalization, etc.), but generally not simply because someone didn't know they could apply or thought they'd find work quickly. It's worth mentioning the situation when filing, but the system is pretty strict about this.

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The official NYSDOL policy is that they only backdate claims for "good cause" reasons. Being in the hospital (like someone mentioned) or having proof the website was down would count. Just not knowing or thinking you'd find work soon typically doesn't qualify as good cause. BUT - you should absolutely still try! When you file, there's a section for additional information. Explain your situation there. Also, once you get your NY.gov ID set up, try calling the claims center directly. Explaining your hardship situation to an actual person sometimes works. Honestly though, getting through to a live agent is the hardest part right now. I spent TWO WEEKS trying to reach someone about my back pay issue. Finally used Claimyr (claimyr.com) which got me connected to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE. My backdating request still got denied, but at least I got a definitive answer instead of waiting forever.

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Thanks for the detailed info. I'll definitely try explaining my situation. Is Claimyr really worth it? I'm already stressed about money and hate to spend more, but those wait times sound awful.

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For me it was worth it because I was spending hours every day trying to get through. The time I saved was valuable to me, but everyone's situation is different. You could try the regular phone line first and see how it goes.

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THE SYSTEM IS RIGGED AGAINST US!!! They make these rules ON PURPOSE to avoid paying benefits we deserve!!! I was in the exact same boat last year and they denied my backpay request even though I had EVERY RIGHT to those benefits!! They'll tell you that "not knowing" isn't a valid reason but NOWHERE on their website does it clearly say "FILE IMMEDIATELY OR LOSE BENEFITS FOREVER" - they HIDE this information!!!

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While I understand your frustration, the backpay rules are actually stated in the Claimant Handbook (page 8). It explicitly says benefits can only be paid from the date you file your claim, not from when you lost your job. The handbook is available on the NYSDOL website. The system definitely has its problems, but this particular rule is clearly documented.

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Kind of a similar situation happened to me last year. I waited about 6 weeks before filing because my employer told me they might be bringing me back. When I finally filed in March 2024, I explained the situation to the agent and they were able to backdate my claim by 4 weeks (not the full 6 I waited, but better than nothing). So it's definitely worth trying - just be polite and clear about why you didn't file right away. The worst they can say is no.

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That gives me some hope! Did you have to provide any kind of proof that your employer told you they might bring you back?

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I had an email from my manager that I mentioned but they never actually asked to see it. I think it really depends on which agent you get honestly.

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I'm going through something similar right now and honestly the most important thing is to FILE IMMEDIATELY!! Even if you don't get backpay (which seems unlikely based on what others said), at least you'll start getting benefits going forward. When you do file, make sure to have all your employment info ready: - Your employment history for the past 18 months - Names, addresses and phone numbers of all employers - Your Social Security number - If you're not a US citizen, your work authorization info - Your bank account info for direct deposit Good luck!

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also have ur last paystub handy they sometimes ask for that

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I have a question that's kinda related. I filed for unemployment but never certified for my first two weeks because I didn't understand the process. Now I'm trying to claim those weeks but the system won't let me go back. Is this the same issue or something different?

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That's a different issue. For missed weekly certifications (after you've already filed the initial claim), you can request to certify for back weeks. Call the Telephone Claims Center and speak to an agent, or use your NY.gov account to send a secure message requesting to certify for those specific missed weeks. You'll need to explain why you didn't certify on time. They're more flexible with missed certifications than with late initial claims.

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Thanks everyone for the helpful information. I'm going to file my claim today and explain my situation as clearly as possible. Even if I can't get the back weeks, at least I'll start getting something going forward. I'll update here if I have any luck with the backdating request!

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That's the right approach. One last tip: when explaining your situation, focus on any factors that were outside your control rather than just saying you thought you'd find work quickly. For instance, if you were actively interviewing and had promising leads that fell through, or if you were told by someone (incorrectly) that you wouldn't qualify. Best of luck!

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Just want to add my experience here - I was in a very similar situation in 2023. Lost my job in August but didn't file until November because I was confident I'd land something quickly (spoiler: I didn't). When I finally filed, I was completely honest about my unemployment start date and explained that I had been actively job searching but didn't realize I should file immediately. The agent I spoke with was sympathetic but explained that NY generally doesn't backdate for "personal choice" reasons, even when that choice was based on optimism about finding work. I didn't get any backpay, but here's what I learned: file your initial claim online at labor.ny.gov, and when you get to the section asking why you're filing now instead of when you first became unemployed, be completely honest but frame it around any external factors if possible. Did you have interviews lined up? Were you told by someone you might not qualify? Any documentation helps. The silver lining is that once you're in the system, NY unemployment benefits are pretty decent compared to other states. You'll likely get benefits going forward, which is better than nothing. Don't let the potential backpay denial discourage you from filing - every week you wait is another week of benefits you're definitely losing.

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This is really helpful to hear from someone who went through the exact same thing! I'm definitely going to file today. You're right that waiting longer just guarantees losing more potential benefits. Did you find the online application process pretty straightforward, or were there any parts that were confusing? I want to make sure I don't mess anything up when I submit it.

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The online application is mostly straightforward, but a few things to watch out for: Make sure you have your exact employment dates ready (start and end dates for each job in the last 18 months). The system is picky about formatting. Also, when it asks about your reason for separation, be specific - "laid off due to company downsizing" is better than just "laid off." One confusing part is the weekly benefit rate calculation - don't worry if it seems low at first, they'll adjust it once they verify your wages with employers. The whole process took me about 30-45 minutes. Take your time and double-check everything before submitting!

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The online application is mostly straightforward, but here are a few tips that would have saved me time: Make sure you have your Social Security number, driver's license, and employment history for the past 18 months ready before you start. The system will ask for specific dates (like your last day of work), employer addresses, and your gross wages from each job. If you don't have exact figures, estimates are okay but try to be as accurate as possible. The whole process took me about 45 minutes. One thing that confused me was the "reason for separation" dropdown - for layoffs/terminations, choose "lack of work" rather than "discharged" (which sounds like you were fired for cause). Good luck with your application!

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The online application is pretty straightforward overall, but there are a few things to watch out for. Make sure you have all your employment dates exact - they'll ask for start and end dates for every job in the past 18 months. Also, when it asks about the reason for separation, be specific (laid off, position eliminated, etc.) rather than just saying "lost job." The part where it asks when you became unemployed versus when you're filing - that's where you'll explain the gap. There's a text box for additional information. Keep it concise but clear about your situation. One tip: create your NY.gov account first before starting the unemployment application. It'll save you time and you'll need it anyway for weekly certifications later.

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