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Connor Rupert

Can you file a new claim for unemployment when it runs out - NYS Department of Labor question

My unemployment benefits are about to run out next week and I'm still looking for work. I've been getting regular UI for about 26 weeks now. Can I file a completely new claim with NYS Department of Labor or do I have to wait a certain amount of time? I'm really confused about what happens next and whether I need to have worked again to qualify for another claim. Has anyone been through this process before?

Molly Hansen

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You can't just file a new regular unemployment claim immediately after your benefits run out. NYS Department of Labor requires you to have sufficient work and earnings in your base period to establish a new claim. If you haven't worked enough since your original claim started, you won't qualify for a new benefit year. However, you might be eligible for extended benefits if the unemployment rate in NY is high enough, but that's not always available.

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Connor Rupert

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So I need to have worked and earned a certain amount to start over? What if I only had some part-time work during my claim period?

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Brady Clean

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i think you need to earn like 10x your weekly benefit amount or work for 6 months but not sure exactly. my cousin had to wait until she worked enough to qualify again

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Skylar Neal

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The specific requirement in NY is that you need earnings of at least 10 times your weekly benefit rate in covered employment since your claim began. So if your weekly benefit is $300, you'd need at least $3,000 in earnings. The work also has to be in covered employment (most regular jobs qualify). If you don't meet this threshold, your claim will just end and you'll have to wait until you do meet it through new work.

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Connor Rupert

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That makes sense. I only had about $1,200 in part-time earnings so I definitely don't qualify. Guess I need to focus harder on finding full-time work.

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This is such a stressful situation! I'm worried about the same thing happening to me. What if you can't find work before your benefits run out? There has to be some safety net right?? I can't be the only one panicking about this.

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Kelsey Chin

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Unfortunately there's not really a safety net beyond regular UI unless extended benefits kick in during high unemployment periods. That's why it's so important to use your claim period effectively for job searching. If you're having trouble reaching NYS Department of Labor to get more specific information about your situation, I had success using a service called Claimyr at claimyr.com - they helped me get through to an actual agent when I couldn't get past the busy signals. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.

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Connor Rupert

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Thanks for the suggestion! I've been trying to call for days but keep getting disconnected. Might be worth checking out.

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Norah Quay

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Yeah the whole system is designed to push people off benefits as quickly as possible. They make it confusing on purpose so people don't know their rights or what they're entitled to. Classic bureaucratic BS if you ask me.

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Leo McDonald

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been there done that - you basically have to start working again before you can get a new claim. focus on getting any job even if its not perfect because at least youll be earning towards your next potential claim

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I went through this exact same situation last year. The 10x weekly benefit rule is correct - I had a $280 weekly benefit and needed $2,800 in earnings to qualify for a new claim. What really helped me was taking any temporary or part-time work I could find while still job searching for something permanent. Even gig work like delivery driving counted toward my earnings requirement. It took me about 4 months of part-time work to hit the threshold, but then I was able to file a new claim when I got laid off again. Don't give up on the job search, but also consider taking whatever work you can find to start building toward that earnings requirement.

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Ethan Wilson

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This is really helpful advice! I hadn't thought about gig work counting toward the earnings requirement. Did you have to report all that part-time and gig income while you were still collecting benefits? I'm worried about messing up my current claim by working too much, but it sounds like I need to start earning toward my next potential claim now.

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@aec17087db47 Yes, you absolutely have to report all income while collecting benefits! I reported everything weekly - even small gig earnings. As long as you stay under the earnings threshold (usually around $405 per week in NY before they start reducing your benefits), you can still collect partial unemployment while building toward your 10x requirement. The key is being completely honest about all earnings. NYS DOL will cross-reference with tax records anyway, so it's not worth the risk of getting caught not reporting income. I actually found it worked out well because I could test out different types of work while still having some income security from partial benefits.

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