Can I get NY unemployment backpay if I haven't worked in months?
I filed a new unemployment claim with NY DOL last week but I haven't actually worked for about 3 months. Will they give me backpay for those months I wasn't working? I was laid off in November 2024 but I was trying to find work on my own before filing. Really need to know if they'll pay me for those missed months or if I'm just out of luck for waiting???
20 comments
StormChaser
Unfortunately, NY unemployment doesn't provide automatic backpay for periods before you filed your claim. Benefits generally start from the week you file, not when you lost your job. The system is designed this way to encourage immediate filing. You can request backdate consideration if you had good cause for not filing earlier (like hospitalization, DOL website technical issues, etc.), but just trying to find work on your own typically doesn't qualify as good cause under NYSDOL rules. I recommend calling and explaining your situation, but prepare for them to likely only pay from your filing date forward.
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Sofia Gomez
•That really sucks. I thought they would backdate it automatically. So I basically lost out on like 3 months of benefits just because I didn't know I should file right away? Is there any appeal process or something I can try?
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Dmitry Petrov
I had this EXACT situation in January!!! Filed late bc I thought I'd find work fast. Called like 50 times trying to get them to backdate my claim but kept getting disconnected or put on eternal hold. So frustrating!! They basically said too bad so sad, benefits start when you file. The whole system is designed to make people give up!!
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Sofia Gomez
•Ugh that's what I was afraid of. Did you ever get through to someone who actually helped? Or did you just have to accept losing those months?
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Ava Williams
There are a few exceptions where NY unemployment might backdate your claim, but they're pretty limited: 1. You tried to file but had technical issues with their website 2. You were physically/mentally unable to file (like hospitalization) 3. You were given incorrect information by a NYSDOL representative 4. Natural disaster prevented filing Simply not knowing you should file immediately isn't usually considered valid cause. Your best bet is calling their backdate request line at 888-209-8124 and pressing the options for claim issues. Explain your specific circumstances - sometimes individual agents have discretion.
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Sofia Gomez
•Thank you for the detailed explanation. I guess I fall under the 'didn't know' category which sounds like it won't work. I'll try calling that number though, maybe I'll get lucky with a sympathetic agent.
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Miguel Castro
my friend waited 2 months to file and got nothing for those months. ny unemployment is first come first serve basically. once u file ur in the system but they dont go back
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Sofia Gomez
•Thanks for sharing your friend's experience. Seems like everyone's telling me the same thing - I'm probably out of luck for those months.
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Zainab Ibrahim
When I needed to reach someone at NY unemployment about backdating last year, I spent DAYS trying to get through. Busy signals, disconnects, the whole nightmare. Finally used a service called Claimyr (claimyr.com) that got me through to an agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent couldn't backdate my entire waiting period but did give me an extra two weeks because I had documentation showing I tried to file but had website errors. Worth a shot if you had ANY technical issues or other valid reasons during your waiting period.
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Connor O'Neill
•does that claimyr thing actually work? sounds too good to be true with how impossible it is to reach nysdol
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Zainab Ibrahim
@anxiousNYfiler Yes, it worked for me twice now. Wasn't cheap but beats spending days redialing. The second time I got through to someone who actually knew what they were talking about rather than just reading scripts.
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Sofia Gomez
•I might try that if I can't get through. At this point I'm desperate and losing 3 months of benefits is a huge hit. Even if they could backdate just part of it, that would help a lot.
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LunarEclipse
Let me tell you something about NY unemployment - they DELIBERATELY make everything confusing so people miss out on benefits!!! I waited just 3 WEEKS to file and lost all that money. When I finally got someone on the phone (took 4 days of calling!!!), they basically laughed and said I should have filed immediately. The system is DESIGNED to screw workers and save the state money. They KNOW most people don't realize you have to file immediately to get benefits from that date!!! Don't waste your time calling unless you have one of the official exceptions others mentioned. They'll just tell you tough luck and hang up.
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Sofia Gomez
•That's so messed up. You'd think they would at least tell people clearly that waiting means losing benefits. Thanks for sharing your experience, even if it's not what I wanted to hear.
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StormChaser
One more thing to note - even though you probably can't get backdated payments, make sure you're correctly reporting your last day worked on your application. Your benefit calculation uses your last 18 months of work history, so you want all your eligible wages counted. Also, if you had any legitimate barriers that prevented filing (even partial ones), document them thoroughly before calling. Things like: screenshots of error messages, hospital records, emails showing incorrect guidance, etc. The more documentation you have, the better your chances with an agent.
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Sofia Gomez
•That's really helpful, thank you. I did make sure to put my correct last day of work on the application. I don't think I have any documentation that would qualify as a legitimate barrier though. I just didn't know I should file right away. Lesson learned I guess.
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Connor O'Neill
i waited 6 weeks to file and lost all that money too. its dumb but thats how it works. the unemployment office told me they only backdate for very specific reasons and "not knowing" isn't one of them. sucks but what can u do
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Sofia Gomez
•Yeah, seems like I'm hearing the same story from everyone. Really frustrating that they don't make this more clear to people.
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Ava Williams
For future reference (or for anyone else reading this thread), here's what everyone should know about NY unemployment timing: 1. File immediately after job loss - benefits start from filing date, not job loss date 2. There's a mandatory unpaid waiting week after filing (first week is never paid) 3. File your weekly claim certifications on time, even if your initial application is still pending 4. If you have a legitimate reason for late filing, request backdating immediately 5. Keep records of all attempts to file, including screenshots of errors The system definitely favors those who understand these rules from the beginning.
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Miguel Castro
•dont forget they also take taxes out unless u opt out! and the website crashes every sunday when everyones trying to certify lol
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