Can you get back pay on unemployment - NYS Department of Labor retroactive benefits?
I had to stop working in October due to a medical issue but didn't realize I could apply for unemployment until last month. My doctor cleared me to work again in December and I filed my claim in January. The NYS Department of Labor approved my claim but only started payments from when I filed, not from when I actually became unemployed. Is there any way to get back pay for those months I missed? I was definitely able and available for work during that time, just didn't know the process. Has anyone successfully gotten retroactive payments from NYS Department of Labor?
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Eva St. Cyr
You can request backdating of your claim, but there are specific requirements. You need to show good cause for why you didn't file earlier. Medical issues can qualify as good cause, especially if you were dealing with treatment or recovery. You'll need documentation from your doctor showing when you were actually able to work. Call NYS Department of Labor and request a backdating form, or look for it in your online account under forms and documents.
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Nathaniel Mikhaylov
•Thanks! Do you know how far back they'll typically go? And what kind of documentation do I need besides the doctor's note?
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Kristian Bishop
I got backdating approved last year but it took forever. You have to prove you were ready, willing and able to work during those weeks you're claiming. Bank statements, job applications, anything showing you were actively looking for work helps your case. The process is slow though - took them 6 weeks to review mine.
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Kaitlyn Otto
•Six weeks isn't too bad actually. I've seen some backdating requests take 3+ months to get processed by NYS Department of Labor. The key is having all your documentation ready when you submit the request.
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Axel Far
honestly the whole system is confusing AF... I missed filing for like 2 months because nobody told me I could get benefits after getting laid off. when I finally applied they said too bad so sad, no back pay. maybe medical is different though??
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Eva St. Cyr
•Different situations have different rules. Being laid off without knowing about UI benefits might not meet the 'good cause' standard, but medical situations often do. It's worth trying either way.
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Jasmine Hernandez
Getting through to NYS Department of Labor to even ask about backdating is nearly impossible with their phone system. I tried calling for weeks about a similar issue. If you're having trouble reaching them, I found this service called Claimyr (claimyr.com) that helps you actually get through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Worth checking out if you keep getting hung up on or can't get through.
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Luis Johnson
•How much does something like that cost? I'm already stressed about money which is why I need the back pay in the first place...
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Jasmine Hernandez
•I don't remember the exact cost but it was worth it for me to actually talk to someone who could explain my options instead of getting disconnected over and over. Sometimes you have to spend a little to get what you're owed.
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Ellie Kim
Just wanted to add that you should keep filing your weekly claims even while the backdating request is being reviewed. Don't stop claiming weeks or you'll have gaps that are even harder to fix later.
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Tate Jensen
I went through something similar last year. For NYS Department of Labor backdating, they can go back up to one year from when you file the request, but you need solid documentation. Besides the doctor's note, gather any records showing when your medical condition prevented you from working vs when you were cleared to return. Also collect evidence you were able and available during the weeks you're claiming - like medical records showing treatment was completed, any job search activities once cleared, etc. The medical exception for good cause is one of the stronger arguments, so you have a decent shot if you have the right paperwork. File the backdating request ASAP since there are time limits on how long after your initial claim you can request it.
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