Can unemployment be backdated - NYS Department of Labor claim filing question
I lost my job back in December but didn't file for unemployment right away because I thought I'd find something quickly. It's now February and I'm still unemployed. Can I backdate my NYS Department of Labor claim to when I actually became unemployed? I'm worried I missed out on weeks of benefits by waiting too long to file. Has anyone had success getting their claim backdated?
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Cass Green
Yes, NYS Department of Labor does allow backdating in certain circumstances. You can request backdating for up to 4 weeks from when you file your initial claim. When you file online, there should be an option to select an earlier start date. You'll need to provide a valid reason for the delay in filing - things like not knowing you were eligible, illness, or waiting for severance to end are typically accepted.
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Miranda Singer
•That's a relief! I was thinking I could find work quickly so I didn't want to file right away. Would that count as a valid reason?
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Finley Garrett
i think you can backdate but not sure how far back... my cousin did it last year but only got like 2 weeks backdated
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Madison Tipne
The 4-week limit is correct, but you need to be careful about your reasoning. 'Thinking you'd find work quickly' might not be considered a valid reason by NYS Department of Labor. Better reasons include waiting for severance pay to end, not being aware you were eligible, or having a medical issue that prevented you from filing. When you file your claim, be honest but choose your words carefully on the application.
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Miranda Singer
•Good point about the reasoning. I did have some medical appointments that kept me busy the first couple weeks, maybe I can mention that along with not being sure about eligibility.
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Holly Lascelles
I'm in a similar situation! Filed three weeks late and I'm freaking out about losing those benefits. Did you already submit your claim or are you still deciding when to file?
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Miranda Singer
•I haven't filed yet, still trying to figure out the best approach. Sounds like we both need to be strategic about our reasoning for the delay.
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Malia Ponder
I had trouble reaching NYS Department of Labor about this exact issue last month. The phone lines are always busy and the online system doesn't give clear guidance about backdating requirements. I ended up using Claimyr (claimyr.com) to get through to an actual agent who explained the process clearly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Worth checking out if you need to speak with someone directly about your specific situation.
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Cass Green
•That's actually a good suggestion. Speaking directly with NYS Department of Labor can help clarify what documentation you might need for backdating approval.
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Kyle Wallace
The whole backdating thing is such a pain... like why can't they just automatically backdate to when you lost your job? The system makes no sense sometimes
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Ryder Ross
Just wanted to add that even if you get approved for backdating, you'll still need to certify for each of those weeks. Make sure you have your job search records ready for the backdated period too, since NYS Department of Labor requires proof you were actively looking for work during those weeks.
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Miranda Singer
•Oh wow, I didn't think about needing job search records for the backdated weeks. I did apply to some places but didn't keep detailed records. Is there a specific format they want for the job search log?
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Olivia Martinez
•For NYS Department of Labor, they typically want dates, company names, position titles, and method of contact (online, phone, in-person). You don't need a fancy format - even a simple spreadsheet or handwritten log works. The key is showing you made at least 3 job contacts per week during the backdated period. If you remember some of the places you applied, start documenting those and try to reconstruct what you can from your email or browser history.
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Liam O'Donnell
I went through this exact situation last year and was able to get 3 weeks backdated. The key is being prepared when you file - have your last day of work documented, any severance information, and be ready to explain the delay. I mentioned that I was dealing with the shock of losing my job and didn't realize I needed to file immediately. NYS Department of Labor accepted that reasoning. Just be honest about your circumstances and don't overthink it. The worst they can say is no to the backdating, but you'll still get benefits going forward. File as soon as possible though - the longer you wait, the harder it becomes to justify the delay.
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Chris King
•Thanks for sharing your experience! It's really helpful to hear from someone who actually went through this process successfully. The "shock of losing my job" reasoning sounds much more legitimate than just saying I thought I'd find work quickly. I'm definitely going to file this week - you're right that waiting longer will just make it harder to justify. Did you have any issues with the job search requirements for those backdated weeks, or did they not ask for documentation since you explained the delay?
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