Can you get back pay unemployment from NYS Department of Labor after delayed filing?
I was laid off from my warehouse job back in October but didn't file for unemployment right away because I thought I'd find work quickly. Now it's been 3 months and I'm struggling to pay rent. I finally submitted my claim last week but I'm wondering - can you get back pay unemployment benefits for those months I waited to file? I know I probably should have applied sooner but I was trying to avoid the whole system. My friend said NYS Department of Labor might pay retroactively but I'm not sure if that's true or just wishful thinking.
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Nathan Kim
Unfortunately, unemployment benefits in New York are only paid from the date you file your claim, not from when you became unemployed. The NYS Department of Labor doesn't provide retroactive payments for weeks before you actually submitted your application. However, make sure you file your weekly claims for every week since you submitted your initial claim - those you can get paid for as long as you're eligible.
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Gavin King
•That's what I was afraid of. So I basically lost out on 12 weeks of benefits because I waited too long? That's thousands of dollars I really needed.
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Eleanor Foster
same thing happened to my brother last year, he waited like 2 months thinking he'd get a new job and lost all that money. nys doesn't go backwards unfortunately
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Lucas Turner
There are very limited exceptions where you might be able to get benefits backdated, but they're rare and usually involve circumstances beyond your control that prevented you from filing. Things like hospitalization, family emergencies, or not knowing you were eligible. If you just chose to wait hoping for a job, that typically doesn't qualify for backdating. You should still proceed with your current claim though - the weekly benefit amount and duration will be based on your work history.
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Gavin King
•I don't think any of those exceptions apply to me. I was just being stubborn about not wanting to deal with the bureaucracy. Expensive lesson learned I guess.
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Kai Rivera
•Yeah the NYS Department of Labor is pretty strict about the filing date rule. I've seen people try to argue for backdating and it almost never works unless there's like medical documentation or something major.
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Anna Stewart
I had trouble getting through to someone at NYS Department of Labor to ask about my specific situation when I had questions about backdating. Kept getting busy signals and automated messages. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person who could explain exactly what my options were. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me weeks of trying to get through on my own.
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Layla Sanders
•How much does something like that cost? I'm already broke from being out of work for months.
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Anna Stewart
•It was worth it for me to get a definitive answer rather than keep wondering and wasting time calling. The clarity alone was valuable when dealing with such an important financial situation.
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Morgan Washington
THE WHOLE SYSTEM IS DESIGNED TO SCREW OVER WORKING PEOPLE! They make the rules confusing on purpose so people miss out on benefits they've earned. Why shouldn't you be able to get back pay if you were unemployed and eligible?? It's YOUR money from YOUR taxes!
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Nathan Kim
•I understand the frustration, but the filing date requirement exists because the system needs to verify unemployment status and job search activities on an ongoing basis. It's not just about past eligibility but current availability for work.
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Eleanor Foster
at least you can still get benefits going forward though, better late than never i guess. just make sure you do those weekly certifications every week or you'll lose more money
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Jayden Reed
I'm in a similar situation - got laid off in September and just filed last month. It's really frustrating to learn you can't get those lost weeks back, but I wanted to share something that might help going forward. Make sure when you certify each week that you're documenting all your job search activities properly. I learned the hard way that NYS DOL can ask for proof of your work search efforts and if you don't have good records, they can deny benefits even for current weeks. Keep a log of every application, contact, and interview. Also, don't forget to report any part-time or temporary work - even a few hours can affect your weekly benefit but it's better to report it than get caught later.
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Juan Moreno
•Thanks for sharing that advice about documenting job searches - I hadn't thought about keeping detailed records but that makes total sense. I've been doing some applications since filing but just kind of winging it. Do you know if there's a specific format NYS DOL wants for the job search log, or is it just as long as you have dates, company names, and what you did?
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