Back to New York Unemployment

Melody Miles

Can I still collect unemployment if I owe unemployment money to NYS Department of Labor?

I just found out I have an overpayment from 2023 that I never knew about - apparently I owe the NYS Department of Labor around $2,800. I lost my job last week and really need to file for unemployment again. Can I still collect benefits if I owe money from a previous claim? Will they automatically take it out of my weekly payments or completely deny my new claim? I'm stressed because I need the money to pay rent but don't want to make things worse with the overpayment situation.

Yes, you can still file a new claim even with an existing overpayment. NYS Department of Labor will typically allow you to collect benefits but they'll deduct a portion from each weekly payment to recover the overpayment. Usually it's around 25% of your weekly benefit amount that gets withheld. You should still file your claim right away since there's a waiting period anyway.

0 coins

That's a relief! So they won't completely block me from getting benefits? 25% is better than nothing. Do I need to mention the overpayment when I file or will they see it automatically?

0 coins

same thing happened to me, they took like $75 out of my $300 weekly payment but i still got the rest

0 coins

The overpayment won't prevent you from filing a new claim, but you should be prepared for the offset. You can also request a hearing to dispute the overpayment if you believe it was incorrectly calculated. Sometimes there are errors in their system, especially with work reporting or benefit calculations from previous claims. Check your my.ny.gov account to see the details of why the overpayment occurred.

0 coins

I'll definitely check my account. I honestly don't remember doing anything wrong with my reporting back then, so maybe it is an error.

0 coins

Oh no this is exactly what I'm worried about happening to me! How did you find out about the overpayment? Did they send you a notice or did you just see it online? I've been so careful with my weekly claims but now I'm paranoid they're going to say I owe money somehow.

0 coins

I got a notice in the mail a few weeks ago but honestly I thought it was some kind of scam at first. It wasn't until I logged into my account that I saw it was real.

0 coins

If you're having trouble getting through to NYS Department of Labor to discuss your overpayment options, you might want to check out claimyr.com - they help people get connected to actual agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had questions about my own overpayment and was able to speak to someone within a few hours instead of calling for days.

0 coins

Thanks, I'll look into that. I tried calling yesterday and was on hold for 2 hours before getting disconnected.

0 coins

Just file your claim and don't worry about it too much. The system will figure itself out and you'll still get most of your money. Better to have something coming in than nothing while you're unemployed.

0 coins

I went through something similar last year. You can definitely still file a new claim - the overpayment won't block you from getting benefits. In my case, they automatically deducted about 30% from each weekly payment to recover what I owed. It wasn't ideal but I was still able to get enough to cover my basic expenses. The key is to file as soon as possible since there's usually a waiting week anyway. Also, make sure to keep detailed records of all your job search activities and any part-time work you might pick up, because they're really strict about reporting requirements now and you don't want to create another overpayment situation.

0 coins

I'm dealing with a similar overpayment situation right now - about $1,900 from 2022 that I'm still paying back through weekly deductions. Just wanted to add that when you do file your new claim, make sure to report ANY income accurately, even small amounts from odd jobs or gig work. That's how a lot of these overpayments happen - people forget to report something or don't realize certain income counts. The good news is that once you're in the system paying back the overpayment, they usually don't hit you with penalties or interest as long as you keep filing honestly. Also, keep copies of everything - your weekly certifications, any correspondence from DOL, etc. It helps if there are ever questions later.

0 coins

This is exactly the kind of detailed advice I needed - thank you! I'm definitely going to be super careful about reporting everything this time. You mentioned keeping copies of weekly certifications and correspondence - do you recommend keeping physical copies or are digital screenshots enough? Also, when you say "certain income counts" that people don't realize, what are some examples of income that might get overlooked? I want to make sure I don't accidentally create another overpayment situation down the road.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in an organized folder on your computer or cloud storage. For income that gets overlooked, some common ones are: freelance/1099 work (even small amounts), cash payments for odd jobs, selling items online if it's regular, vacation payouts from previous employers, and even some types of settlement payments. The tricky part is that sometimes people don't report cash work thinking "it's just $50" but if you do it regularly, it adds up and they can catch it later through cross-referencing with other agencies. When in doubt, report it - it's better to be overly cautious than deal with another overpayment situation later.

0 coins

Digital screenshots should be fine as long as they're clear and show all the relevant information - that's what I do. For income that people often forget to report: things like cash tips, freelance payments through Venmo/PayPal, selling stuff online (even Facebook Marketplace if it's regular), house sitting, pet sitting, tutoring, or any 1099 work. Even if it seems small, report it. I learned the hard way that they can cross-reference with other databases and catch unreported income months later. The key is to report gross earnings before any expenses or taxes. Better to over-report than under-report!

0 coins

Digital screenshots should be fine, but I'd recommend saving them in a dedicated folder with clear file names and dates. For income that gets overlooked - things like cash payments for babysitting, dog walking, selling stuff online (even if it's just a few items), freelance work, tips from restaurant work, or any 1099 income. Even if someone pays you $50 to help them move, technically that should be reported. I learned this the hard way! The key is to report it the week you actually receive the payment, not when you do the work. Better to over-report than under-report - they'd rather see you being honest about small amounts than discover unreported income later.

0 coins

@Sadie Benitez Digital screenshots should be fine for most records - just make sure they re'clear and show all the relevant details. For the income reporting, some things people often miss include: freelance/1099 work even (small amounts ,)cash payments for odd jobs, selling items online if it s'regular income, holiday/seasonal work, and sometimes even jury duty pay. The tricky part is that you need to report gross earnings for the week you earn them, not when you get paid. So if you do a side job on Tuesday but don t'get paid until the following week, you still report it for the week you did the work. It s'confusing but being overly cautious with reporting has saved me from any issues.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or cloud storage so you can find them easily. As for income that gets overlooked - think freelance work, selling items online (like on eBay or Facebook Marketplace if it's regular), cash payments for babysitting or pet sitting, tips from delivery work, even small amounts from surveys or cashback apps if they're significant. Basically anything that generates income, even if it seems minor. The key is being consistent with reporting - if you're unsure whether something counts, it's better to report it and let them tell you it doesn't count than to not report it and get hit with an overpayment later.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in organized folders with dates. For income that gets overlooked - things like selling items online (even old clothes or electronics), doing small freelance jobs, getting paid for helping someone move, cash payments for babysitting or pet sitting, even small amounts from surveys or cashback apps if they're significant. The key is that ANY money you receive while collecting benefits needs to be reported, even if it's just $20. I learned this the hard way when I forgot to report a $50 payment for helping my neighbor with yard work and it created an overpayment later. Better to over-report than under-report!

0 coins

Digital screenshots are usually fine, but I keep both just to be safe! As for income that gets overlooked - things like cash tips, freelance payments through apps like Venmo or CashApp, selling items online (even if it's just occasional), pet sitting, lawn care, tutoring, or any "under the table" work. Even unemployment payments from other states if you moved. Basically anything where money changed hands for work, even if no taxes were taken out. The rule of thumb I use is: if I did work and got paid for it, I report it, no matter how small. Better to over-report than get hit with another overpayment later!

0 coins

Digital screenshots should be fine as long as they're clear and show all the relevant details - I keep mine organized in folders by date. As for income that gets overlooked, things like freelance payments, cash jobs (like helping someone move or yard work), selling items online if it's regular, rental income, or even jury duty pay. Some people also forget about holiday bonuses or final paychecks that might come after they start collecting. The key is to report ANYTHING you earn during a claim week, even if it seems small. When in doubt, it's better to over-report than under-report since that's what usually creates these overpayment headaches in the first place.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or cloud storage so you can find them easily. As for income that gets overlooked - things like freelance work (even small jobs), selling items online, cash payments for babysitting or yard work, holiday bonuses from previous employers that come after you file, and even some types of severance or vacation payouts. Basically anything that generates income, even if it's not from a traditional employer. The key is being upfront about it when you certify each week - it's better to report something small and have them adjust your benefits than to accidentally create an overpayment later.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or cloud storage with clear file names and dates. As for income that gets overlooked - things like freelance work, cash jobs, selling items online (if it's regular), tips from gig work, even small amounts from surveys or cashback apps if they're frequent. Basically anything that generates regular income, even if it seems minor. The key is being consistent - if you report $50 one week from odd jobs, make sure you report similar amounts every week you earn them. I learned this the hard way when I forgot to report some small freelance payments and it triggered my overpayment. Better to over-report than under-report!

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a well-organized folder on your computer or cloud storage - just make sure they're clear and show all the important details like dates and amounts. As for income that gets overlooked, here are some big ones: freelance work or 1099 income (even if it's just $50 from a small project), cash payments for babysitting or yard work, selling items online (if it's regular enough to be considered income), holiday or seasonal work, and even some types of severance or vacation payouts. The key is if you earned ANY money during a week you're claiming benefits, you need to report it - even if it seems insignificant. Better to over-report than under-report!

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in an organized folder on your computer or cloud storage - just make sure they're clear and show the full page with dates. As for income that gets overlooked, the big ones are: freelance/1099 work (even small amounts), cash payments for odd jobs, selling items online regularly (not just one-time sales), tips that aren't reported through an employer, and sometimes even unemployment benefits from other states if you moved. The key is if you earned ANY money during a week you're claiming benefits, report it - even if it's just $20. NYS DOL can cross-reference with tax records and other databases, so it's better to over-report than under-report. They'll calculate the proper deduction from your benefits based on what you earned.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or phone with clear file names like "UI_Certification_Week_Ending_Date" so you can find them easily. For income that gets overlooked - things like cash tips that weren't reported on a W-2, selling items online (even personal stuff on Facebook Marketplace if it's frequent), freelance work paid through Venmo/PayPal, babysitting, lawn care, house sitting, or even small amounts from surveys or app-based earnings. Basically anything where money changes hands for services or goods, even if you didn't get a formal 1099. The key is being overly cautious - it's better to report something small that might not count than to miss something that does. I learned this the hard way!

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or cloud storage so you can find them easily. As for income that gets overlooked - things like cash tips that you might not get a W-2 for, selling stuff online (like on Facebook Marketplace or eBay if it's regular), doing freelance work through apps like TaskRabbit or Fiverr, even getting paid to house-sit or pet-sit. Some people also forget about small amounts from things like participating in research studies or focus groups. Basically, if money comes into your account from any kind of work or service, it probably needs to be reported. When in doubt, it's better to report it and let them tell you it doesn't count than to not report it and create an overpayment later.

0 coins

Digital screenshots are usually fine, but I'd recommend saving them in a dedicated folder on your computer or cloud storage so you can find them easily. For income that gets overlooked - things like cash tips that you might not think to report, selling stuff online (even just a few items), doing surveys or gig work like DoorDash/Uber for just a day or two, getting paid to help someone move, etc. Basically anything where money changes hands for work you did, even if it's small or informal. The system flags discrepancies when they cross-check with tax records later, so it's better to over-report than under-report.

0 coins

Digital screenshots are usually fine, but I personally keep both digital copies and print out the important stuff like overpayment notices or hearing decisions - just in case there are ever system issues. As for income that gets overlooked, some big ones are: freelance/1099 work (even small amounts), cash payments for odd jobs like babysitting or yard work, unemployment benefits from other states if you moved, pension payments, and sometimes people forget about things like jury duty pay or witness fees. Even selling stuff online can count as income if you're doing it regularly. The key is to report EVERYTHING when you do your weekly certification, even if it seems minor. It's better to over-report than under-report and risk another overpayment. They can always adjust it later if something shouldn't have been counted.

0 coins

Digital screenshots should be fine as long as they're clear and show all the important details like dates and confirmation numbers. I keep mine organized in folders by week/month. As for income that gets overlooked - things like cash tips that aren't reported on pay stubs, freelance work payments (even small ones), selling stuff online if it becomes regular, jury duty pay, and even some types of severance or vacation payouts. Basically anything that puts money in your pocket needs to be reported, even if it seems minor. The system cross-references with tax records and other databases, so they'll eventually catch discrepancies. Better to over-report than under-report!

0 coins

Digital screenshots are usually fine, but I also recommend downloading PDFs when possible since they can't be accidentally deleted as easily. For income that gets overlooked - things like cash tips, freelance payments through apps like Venmo or PayPal, selling items online (even if it's just decluttering), pet sitting, house sitting, or any under-the-table work. Even small amounts add up and they cross-reference with other databases. I learned the hard way that even a $50 payment for helping someone move counts as income that needs to be reported. Better to over-report than under-report!

0 coins

Digital screenshots are totally fine - I keep everything in a folder on my phone and computer. Just make sure the dates and your name are visible in the screenshots. As for income that gets overlooked, think about things like: freelance work (even if it's just $50 for helping someone with their website), selling stuff online (if it's more than just cleaning out your closet), cash jobs like babysitting or yard work, any kind of consulting or tutoring, even getting paid to house-sit. Basically anything where you're providing a service or selling something for profit needs to be reported. The tricky part is that some people think only "official" W-2 jobs count, but NYS unemployment considers any work income. When in doubt, report it - it's better to over-report than under-report!

0 coins

Digital screenshots should be fine as long as they're clear and show all the important details. I keep mine in a dedicated folder on my phone and also email them to myself as backup. As for income that gets overlooked - things like cash payments for babysitting, dog walking, selling stuff online (even on Facebook Marketplace if it's regular), freelance work through apps like TaskRabbit or Fiverr, and even small amounts from surveys or cashback apps if they add up. Basically anything over $405 per week needs to be reported, but honestly I report everything just to be safe. The tricky part is that some people don't realize that even if you don't get a 1099, you still need to report it to unemployment. Better to over-report than under-report!

0 coins

Digital screenshots should be fine as long as they're clear and show all the important details like dates and amounts. I keep mine organized in folders by week on my phone and computer. As for income that gets overlooked - things like cash payments for babysitting, dog walking, small freelance jobs, selling stuff online, or even returning items for cash can sometimes count as income. Also, if you do any gig work like DoorDash or Uber, make sure to report those earnings even if they seem small. Some people also forget about severance payments or vacation payouts from their previous job. The key is when in doubt, report it - it's better to be overly cautious than to accidentally create another overpayment situation.

0 coins

Digital screenshots should be fine for most things, but I'd recommend downloading PDFs of important documents like overpayment notices and keeping them backed up. For income that gets overlooked - things like cash tips that weren't reported on a W-2, selling items online (even personal stuff on Facebook Marketplace if it's regular), freelance work paid through apps like Venmo, or even returning bottles for deposits if you do it regularly. Basically anything where money changes hands, even if it seems minor. The system flags discrepancies when they cross-reference with other agencies, so it's better to over-report than under-report. I learned this the hard way!

0 coins

Digital screenshots are fine for most things, but I'd recommend downloading PDF copies of important documents from your my.ny.gov account when possible. For income that gets overlooked - think freelance work, cash jobs, selling items online, tips, jury duty pay, even some types of settlement payments. Basically anything that puts money in your pocket needs to be reported, even if it seems minor. One thing that trips people up is vacation pay from a previous employer - if you get a payout after you've already started collecting unemployment, you need to report it for the weeks it covers, not just when you receive it. The key is being overly cautious rather than assuming something doesn't count.

0 coins

Digital screenshots should be fine as long as they're clear and show all the important details - I keep mine organized in folders by date. For income that gets overlooked, think about things like: freelance work or cash payments (even small amounts), selling items online (like eBay or Facebook Marketplace if it's regular), any 1099 work, holiday bonuses from previous jobs that come in after you've started claiming, even things like jury duty pay or small insurance settlements. Basically anything that shows up on your taxes should be reported to unemployment. The key is being overly cautious rather than assuming something "doesn't count" - it's better to report it and have them say it doesn't matter than to get hit with an overpayment later!

0 coins

New York Unemployment AI

Expert Assistant
Secure