Can I get NY unemployment back pay if I just filed my application today?
I waited wayyyy too long to file for unemployment in NY! 😅 Lost my job back in January (2025) but I just finally filed my application today (April). Been surviving on savings but that's running out fast. Can I still get back pay for the weeks I was eligible but didn't file? I heard someone saying you can only backdate if you had a good reason for the delay? I'm kinda freaking out that I missed out on like 3 months of benefits I could've really used. Anyone know if there's any hope or am I just out of luck?
19 comments
Libby Hassan
Unfortunately, NY unemployment doesn't automatically provide back pay for periods before you filed your initial claim. The general rule is that benefits start from the week you file, not when you became unemployed. In some cases, they might backdate your claim if you can prove there was a good reason for the delay - like if the website was down when you tried to file, or if you were hospitalized.
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Levi Parker
Ugh that's what I was afraid of. So basically I'm just out all that money because I waited? Is there ANY way to appeal or explain why I didn't file right away?
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Hunter Hampton
same boat last year. waited 2 months b4 filing cuz i thought id find a new job fast. NOPE! called and begged them to backdate but they said no way unless u had a legit reason like hospitalized or website errors. regular 'i didnt know' doesnt cut it with them. sucks but thats how it is 🤷♂️
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Levi Parker
That really sucks! I feel so stupid for not filing right away. Thanks for sharing your experience though - at least now I know not to get my hopes up too much.
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Sofia Peña
You might still have a small chance. File a formal request to backdate your claim and provide a detailed explanation for your delay. While "I didn't know" usually doesn't work, if you can demonstrate that you were misled about eligibility or received incorrect information from an official source, they might consider it. Also, keep in mind that NY unemployment has a "good cause" provision. Document EVERYTHING about why you delayed filing. Include any evidence like emails showing you were actively job hunting or believed you'd be recalled to work soon. Make sure to continue certifying weekly while you wait for a decision on the backdating request!
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Levi Parker
Thank you! This gives me a little hope. I'll definitely try submitting that formal request. I was actually told by my former boss that I wouldn't qualify because of my specific situation (which turned out to be wrong). Maybe I can use that as my explanation?
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Sofia Peña
Being misinformed by your employer about eligibility could potentially qualify as "good cause" for delayed filing! Make sure to include the following in your request: 1. The name and position of the person who gave you incorrect information 2. When and how they told you (email is best if you have it) 3. Exactly what they told you about your eligibility 4. When and how you discovered this information was incorrect Submit this through your online account and also try explaining this to a claims specialist by phone.
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Aaron Boston
I HAD THE EXACT SAME PROBLEM!! The system is designed to confuse people and make them miss out on benefits they deserve!!! I tried calling 78 TIMES to get this fixed and never got through to a real human. They do this on purpose to save money!!!! 😡😡😡
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Sophia Carter
The phone system is definitely frustrating, but they're not deliberately trying to prevent people from getting benefits. The system has been overwhelmed since they updated it in late 2024. Have you tried calling right when they open at 8:00 AM? That's usually when wait times are shortest.
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Chloe Zhang
When I had a similar issue last month, I couldn't get through on the phone either. Then my cousin told me about this service called Claimyr that got me connected to an agent in about 20 minutes after trying for days on my own. They have a demo video at https://youtu.be/Rdqa1gKtxuE that shows how it works. It was honestly worth it because I needed to speak to someone about my specific situation, and waiting wasn't an option since I had bills due. The agent I finally spoke with was able to help me file the right paperwork.
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Hunter Hampton
does that actually work? ive heard of those services but figured they were scams. might try it tho cuz ive been calling for 2 weeks straight with no luck
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Chloe Zhang
It definitely worked for me! Not a scam - they just help you get through the phone system faster. Check out their website at claimyr.com for more info. My call went through exactly like they said it would.
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Brandon Parker
To answer your original question directly: It is possible to get back pay, but not guaranteed. According to NYSDOL guidelines updated in 2025, claims can be backdated if you can prove you had "good cause" for not filing sooner. Being given incorrect information by your employer potentially qualifies. You should: 1. File a backdating request through your online account 2. Submit any documentation supporting your claim (emails, texts from employer) 3. Continue certifying weekly while waiting for a decision 4. If denied, you have the right to request a hearing The law allows for up to 26 weeks of backdating for good cause, but practically speaking, anything more than 4-6 weeks is rarely approved unless there were extraordinary circumstances.
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Levi Parker
Thank you so much for this detailed information! I'm going to gather all the text messages where my boss told me I wouldn't qualify and submit my backdating request tomorrow. At least now I know the process and what to expect. Really appreciate everyone's help here!
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Hunter Hampton
quick tip: when u submit ur evidence make sure to highlight or circle the important parts. these ppl get tons of paperwork & dont always read everything. make it SUPER obvious where ur boss said u wouldnt qualify so they cant miss it!
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Adriana Cohn
I waited 5 weeks to file last year because I was in the hospital after a car accident. Had all my medical records and everything. They still only backdated me for 2 of those weeks. The system is totally unfair sometimes. Hope you have better luck than I did!
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Aaron Boston
EXACTLY!!!! Even with PROOF they still find ways to deny people what they're owed! The whole system needs to be rebuilt from scratch!!!
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Libby Hassan
Update us on how it goes with your backdating request! If your employer genuinely misled you about eligibility, that's one of the more solid reasons for backdating. Document everything, be persistent, and don't forget to keep certifying weekly while you wait for their decision. Good luck!
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Levi Parker
Will do! I'm putting together all my evidence now and will submit the request tomorrow. I've got screenshots of texts where my boss specifically told me I wouldn't qualify because I was a part-time worker (which I now know is incorrect). Fingers crossed they'll accept this as a valid reason!
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