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Luca Ricci

Can you get back unemployment benefits after NYS Department of Labor disqualification?

My unemployment claim got disqualified back in September for supposedly not looking for work properly, but I was keeping track of my job searches like they said. Now I'm in a really tough spot financially and wondering if there's any way to get back unemployment benefits? I tried appealing but missed the deadline because I was dealing with a family emergency. Has anyone been in this situation before? Is there anything I can do to reopen my case or file a new claim?

You might still have options depending on why you missed the appeal deadline. NYS Department of Labor sometimes allows late appeals if you can show good cause for missing the original deadline. You'd need to file a request for late appeal and explain the family emergency with documentation. Also, if your disqualification period has ended, you might be able to file a new claim.

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Luca Ricci

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Thanks! Do you know how long disqualification periods usually last? And what kind of documentation would they want for the family emergency?

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I went through something similar last year. The key is proving you had good cause for missing the appeal deadline. Hospital records, death certificates, court documents - anything that shows you couldn't reasonably have filed on time. You'll need to submit form TE-560 for the late appeal request along with your evidence.

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Luca Ricci

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Did your late appeal get approved? How long did the process take?

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Yes, it took about 6 weeks but they reinstated my benefits retroactively. Make sure you keep filing weekly claims even while the appeal is pending.

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Yuki Watanabe

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Wait I'm confused - if you were disqualified for not job searching properly, doesn't that mean you weren't actually eligible for benefits in the first place?? Why would they give them back to you?

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Disqualifications can be overturned if the claimant can prove they were actually meeting the job search requirements. Sometimes there are misunderstandings about what constitutes adequate job search activities.

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I had terrible luck trying to get through to NYS Department of Labor to discuss my appeal options. Spent hours on hold and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that gets you connected to an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Helped me get my situation sorted out when I couldn't reach anyone on my own.

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Andre Dupont

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How much does that cost? Seems sketchy to pay someone to make a phone call for you.

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It's not sketchy at all - they just handle the waiting and get you connected when an agent is available. Much better than spending entire days trying to get through yourself.

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Zoe Papadakis

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Ugh the NYS Department of Labor system is so messed up. They disqualify people left and right and then make it impossible to fix their mistakes. Hope you can get this resolved but honestly don't get your hopes up too high.

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Luca Ricci

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I know it's frustrating but I have to try something. The bills aren't going to pay themselves.

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