Can I file for unemployment after 1 year gap - NYS Department of Labor rules?
I've been out of work for over a year now and just wondering if there's any point in trying to file a UI claim with NYS Department of Labor. My last job ended in November 2023 and I've been dealing with some personal issues that prevented me from looking for work or filing right away. I know there's probably some kind of time limit but I'm not sure what it is. Has anyone successfully filed after being unemployed for this long? I'm worried I missed my window completely but bills are piling up and I need to try something.
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TechNinja
Unfortunately, NYS Department of Labor has strict time limits for filing initial claims. You generally need to file within one year of your last day of work, and even then, there's the base period requirements to consider. Your base period would be calculated from when you last worked, and benefits are based on wages earned during that period. After a full year gap, you'd likely need recent work history to qualify for a new claim.
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Lena Müller
•So basically I'm out of luck? That's what I was afraid of. I should have filed right away but I wasn't in the right headspace to deal with the paperwork.
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Keisha Thompson
wait i thought you could file whenever? my cousin filed like 8 months after losing her job and got benefits
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TechNinja
•Your cousin might have filed within her benefit year or had different circumstances. The rules are pretty specific about base periods and when you can establish a claim. It's not just about when you file, but about having qualifying wages in the right time period.
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Paolo Bianchi
You should still try filing through the my.ny.gov portal. Even if your original benefit year expired, you might be able to establish a new claim if you had any work during a more recent base period. The worst that happens is they deny it, but at least you'll know for sure. The NYS Department of Labor system will calculate your base period automatically when you apply.
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Lena Müller
•Thanks, I guess it's worth a shot. Do I need any specific documents to file or just my SSN and employment history?
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Paolo Bianchi
•You'll need your Social Security number, employment dates, employer names and addresses, and your reason for separation. Having your W-2s handy helps too in case there are questions about your wages.
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Yara Assad
The NYS Department of Labor phone lines are impossible to get through to if you need to ask questions about your specific situation. I've been trying to reach someone for weeks about my own claim issues. If you really need to talk to an agent, I found this service called Claimyr that helped me get through - they have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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Olivia Clark
•Never heard of that service but honestly anything is better than sitting on hold for 3 hours just to get hung up on
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Javier Morales
Look I hate to be the bearer of bad news but after a year you're probably SOL. The unemployment system is designed to help people who are actively looking for work, not people who take year-long breaks. Even if you had a good reason for not working, NYS Department of Labor doesn't really care about personal circumstances when it comes to eligibility timelines.
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Lena Müller
•I get it, I know I should have handled this differently. Just trying to figure out what options I have now.
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Natasha Petrov
same boat here, lost my job in early 2023 and didn't file because I thought I'd find something quick... big mistake
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Ryan Kim
I was in a similar situation a few months ago - didn't file for almost 10 months after losing my job due to family issues. When I finally applied through my.ny.gov, I was surprised to learn that even though my original benefit year had expired, I could still potentially qualify based on any work I had during a different base period. The system automatically checks all possible base periods to see if you have enough qualifying wages. Even if you only worked part-time or temporarily during the past 18 months, it might be enough. Don't let anyone discourage you from trying - the application is free and you'll get a definitive answer about your eligibility. Worst case scenario, you're in the same position you're in now.
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Chris King
•This is really encouraging to hear! I didn't realize the system would check different base periods automatically. I actually did do some part-time work for about 2 months in early 2024, so maybe that could help. Thanks for sharing your experience - it gives me hope that it's worth trying the application.
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