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Chloe Martin

Can I sue NYS Department of Labor for not paying unemployment benefits - legal options?

I've been waiting 8 weeks for my unemployment benefits and NYS Department of Labor keeps giving me the runaround. My claim shows approved but no payments have been issued. I've called dozens of times, submitted multiple inquiries through my.ny.gov, and even contacted my assemblyman's office. Nothing. My rent is overdue and I'm behind on everything. At this point I'm wondering if I can take legal action against NYS Department of Labor for withholding money that's rightfully mine. Has anyone ever sued them or know if that's even possible? I'm desperate here.

Before considering legal action, you need to exhaust all administrative remedies first. That means filing a formal appeal if your claim was denied, or requesting a hearing if there's an adjudication issue. Courts typically won't hear unemployment cases until you've gone through NYS Department of Labor's internal process completely. Have you received any determination letters explaining why payments are being held up?

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No denial letters, just says 'approved' but payment status shows 'pending release' for weeks now. How do I request a hearing if I don't even know what the issue is?

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same exact thing happened to my cousin last year!! she was approved but no money for like 10 weeks. turns out there was some identity verification flag that never got resolved. she never got any notice about it either

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How did she find out about the identity verification? Did she eventually get all the back pay?

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yeah she got everything but it took forever. she used some service called claimyr that helped her actually get through to someone at NYS Department of Labor. check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works

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Lawsuits against state agencies like NYS Department of Labor are extremely difficult and expensive. You'd need to prove gross negligence or constitutional violations, not just delays. Most employment lawyers won't take these cases because sovereign immunity protects the state. Your better bet is contacting the NYS Department of Labor Inspector General's office to file a complaint about the delay, or reaching out to local news if you think there's systemic issues affecting multiple claimants.

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This is good advice. Also try contacting your state senator's office, not just assembly. Sometimes they have better connections with NYS Department of Labor leadership.

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THE WHOLE SYSTEM IS BROKEN!!! I've been fighting with them for months over an overpayment notice that makes no sense. They can hold up your money for ANY reason and there's basically nothing you can do about it. The appeals process is a joke - they just rubber stamp their original decisions. It's like they WANT people to give up and stop claiming.

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I feel your frustration but the appeals process does work if you have documentation. I successfully appealed an overpayment decision last year by providing detailed work records.

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been there, it sucks waiting. try calling right at 8am when they open, sometimes you can get through faster then

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I'm going through something similar right now - 6 weeks waiting with an "approved" status but no payments. What finally helped me make progress was filing a complaint with the NYS Department of Labor's Office of Special Investigations (not just regular customer service). You can find the complaint form on their website under "Report Fraud or Abuse." Even though it's not fraud, they seem to take these complaints more seriously and actually follow up. I got a callback within 3 days and they're now "expediting" my case. Also document everything - save screenshots of your claim status, keep records of all your calls and reference numbers. If you do end up needing legal help later, having that paper trail will be crucial.

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This is really helpful advice! I didn't know about the Office of Special Investigations option. @Connor O'Brien - when you say "expediting," did they give you a timeline for when you might actually see payments? I've been documenting everything but it's good to know that complaint route might actually get results. Going to try this first thing tomorrow morning.

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@Connor O'Brien Thanks for sharing this! I'm in a similar boat - approved but no payments for 5 weeks now. Did you have to provide any specific documentation when filing with the Office of Special Investigations, or just explain the situation? Also wondering if there's a particular way to word the complaint to get better results. Really hoping this works because I'm running out of options too.

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@Connor O'Brien This is exactly what I needed to hear! I've been spinning my wheels with regular customer service for weeks. Quick question - when you filed with the Office of Special Investigations, did you frame it as a processing delay issue or something else? I want to make sure I'm using the right language when I submit my complaint. Also really curious about that timeline too since I'm in the same boat as @Ryan Andre. Thanks for giving me hope that there's actually a way forward here!

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@Connor O'Brien This is incredibly useful information! I had no idea the Office of Special Investigations even existed. When you filed the complaint, did you need to include specific evidence or documentation beyond just explaining the delay? And did they ask you to stop calling regular customer service while they investigated? I'm worried about messing up my case by pursuing multiple channels at once. Really appreciate you sharing what actually worked - gives me hope that there's a real solution here instead of just waiting indefinitely.

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@Connor O'Brien This is such valuable info, thank you! I'm dealing with the exact same situation - approved claim but 7 weeks of no payments. When you filed with the Office of Special Investigations, did you mention specific financial hardship or just focus on the processing delay? I'm wondering if emphasizing the impact (like @Chloe Martin mentioned with overdue rent helps) prioritize cases. Also, did they give you any insight into what was actually causing the hold-up? I m'hoping this route finally gets me some real answers instead of the generic your "case is being reviewed responses" I keep getting.

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@Connor O'Brien This is great advice! I'm definitely going to try the Office of Special Investigations route. Quick question - did you have to wait for any kind of confirmation that they received your complaint, or did they just call you back directly? Also wondering if it's worth mentioning that I've already contacted my assemblyman's office with no results, or if I should keep the complaint focused just on the processing delay itself. Really hoping this finally breaks through the bureaucratic wall I've been hitting for weeks!

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@Connor O'Brien I really appreciate you sharing this solution! I've been stuck in the same endless loop with regular customer service. When you filed with the Office of Special Investigations, did you need to provide your claim confirmation number and all those call reference numbers, or was a general description of the delay sufficient? Also wondering if they reached out to you by phone or email when they followed up. I'm going to try this approach first thing Monday morning - it's the first actionable advice I've seen that actually seems to cut through the bureaucracy. Fingers crossed this works for all of us dealing with this nightmare!

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@Connor O'Brien This gives me so much hope! I've been banging my head against the wall with regular customer service for weeks. Two quick questions: 1) Did you select a specific category when filing the complaint, or is there a general "processing delays" option? 2) When they called you back in 3 days, was it someone from the Office of Special Investigations directly or did they transfer your case back to regular claims processing? I'm going to file tomorrow but want to make sure I'm doing it right the first time. Thank you for sharing what actually worked - this is the first real solution I've seen posted anywhere!

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@Connor O'Brien This is exactly the kind of actionable advice I was hoping to find! I'm in week 9 of waiting with an approved claim but zero payments. When you mention filing with the Office of Special Investigations, did you find their complaint form easily on the NYS DOL website, or did you have to dig around for it? Also, when they called back about "expediting" your case, did they give you any timeline or just say they were working on it? I'm definitely going to try this approach - it's the first thing I've read that sounds like it might actually cut through all the bureaucratic nonsense. Really appreciate you taking the time to share what worked!

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@Connor O'Brien This is incredibly helpful - thank you for sharing something that actually worked! I'm in the same nightmare situation (approved for 6 weeks but no payments) and regular customer service just keeps telling me to "wait for processing." Quick question: when you filed with the Office of Special Investigations, did you need to reference your specific claim number and all those customer service call reference numbers, or was describing the delay situation enough? Also, did they contact you directly or route it back through regular claims? I'm going to file this complaint today - this is the first concrete action step I've seen that might actually break through this endless waiting game. Really hoping this works for everyone stuck in this situation!

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@Connor O'Brien Thank you so much for sharing this! I've been dealing with the same "approved but no payment" situation for 7 weeks now and I'm at my wit's end. This is the first actual solution I've seen that sounds promising. Quick question - when you filed with the Office of Special Investigations, did you need to provide all your documentation upfront (screenshots, call logs, etc.) or just describe the situation initially? Also, when they said they're "expediting" your case, did they give you any sense of timeline? I'm going to file this complaint today - really hoping this breaks through the endless runaround I've been getting from regular customer service. Thanks again for sharing what actually worked instead of just venting!

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