Does NY unemployment still pay while waiting for a forfeit hearing?
So I got notified in August that the unemployment office thinks I didn't report some income correctly back in April and now they're saying I might have to forfeit 8 weeks of benefits. I filed an appeal right away and got a letter saying my hearing is scheduled for November 18th - that's almost 3 months of waiting! Meanwhile I'm still collecting benefits (just started a new claim in September after being let go from my job again). My question is: will they keep paying me during this whole appeal process or will they suddenly cut me off before the hearing happens? Has anyone else had a forfeit penalty but still got paid while appealing it? Just trying to figure out if I need to start selling stuff to pay rent next month. This whole situation is stressing me out so bad.
41 comments


Nia Watson
In my experience, NY unemployment usually keeps paying benefits while your appeal is pending. They don't typically stop payments until after the hearing decision if they rule against you. I went through something similar last year with a forfeit penalty over some unreported freelance work (was only like $230 but they went nuts over it 🙄). Got to keep collecting until the hearing, which I actually won because I had documentation.
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Alberto Souchard
After 6 weeks of trying to get through to someone about my forfeit issue, I finally found a service that connected me to a live agent! Used claimyr.com and got a callback with an actual person in like 20 mins. The agent told me they DO continue paying benefits until the hearing decision, so you should be ok for now. The site costs some money but honestly talking to a real person who resolved my issue was worth every penny. Check out this video if you want more info: https://youtu.be/Rdqa1gKtxuE
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Katherine Shultz
•wait, is this for real? I'm so tired of these scammy sounding services that never work...
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Alberto Souchard
•totally real! i was super skeptical too but i was desperate after trying to call for like 2 weeks straight. it actually works - they call and wait on hold for you then connect you when a human answers
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Marcus Marsh
•Sounds fishy 🐟 Do they need your ssn or any personal info?
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Alberto Souchard
•Nope! They just call and connect you when someone answers. You talk directly to unemployment, the service just handles the hours of waiting on hold part. Best thing I've done in this whole nightmare situation.
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Hailey O'Leary
•I was about to give up on my claim but tried claimyr and finally got through. My backpay hit my account 3 days later. Wish I knew about this months ago!
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Cedric Chung
they kept paying me during my appeal process, but every case is different. mine was for a quit/termination dispute, not a forfeit issue. you might want to call them to double check your specific case.
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Micah Trail
•Ugh I've been trying to call for 2 weeks but can never get through! What number did you use?
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Cedric Chung
•The main 888 number, but I had to call like 50+ times. Started at exactly 8:00am. Some people use auto-dialers I've heard.
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Talia Klein
From what I know, they'll continue to pay your benefits while your appeal is pending. I was in a similar situation with a 10 week forfeit penalty (they said I worked when I was claiming, which was BS). They kept paying me during the appeal process which took almost 4 months! The system is so backed up right now.
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Micah Trail
•Thanks, that's reassuring! Did you win your appeal?
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Talia Klein
•Yep! Brought all my timesheets and explained the situation. They realized it was a mistake on their end. Make sure you gather all your evidence!!
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Maxwell St. Laurent
•I'm actually going through the same thing right now. How long did it take from when you got the penalty notice until your hearing date?
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Talia Klein
•It took about 3.5 months from notice to hearing. The backlog is ridiculous right now 🤦♂️
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PaulineW
I've been through the NY unemployment appeals process FOUR TIMES (thanks construction industry). Here's what happens: They DO continue paying while your appeal is pending. However, if you lose the appeal, they'll demand ALL that money back plus the forfeit penalty. So be prepared for that possibility. Documentation is EVERYTHING in these hearings. Bring every single piece of paper related to your work and benefits. If possible, get a free consultation with a lawyer who does unemployment cases. If you're having trouble reaching anyone at the unemployment office (and who isn't?), I highly recommend using claimyr.com - it costs money but they'll get you through to an actual human being who can check your specific case details. Lastly, the hearing itself: be VERY specific about dates and amounts. The judges care about exact numbers and timelines. Don't exaggerate or estimate - if you don't know an exact figure, say so. Good luck! The system is frustrating but navigable if you're prepared.
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Micah Trail
•Thank you so much for this detailed info! This is exactly what I needed to know. I'm gathering all my documentation now.
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Annabel Kimball
•I second the claimyr recommendation. Tried for 3 weeks to get through on my own and got nowhere. Paid for their service and spoke to someone in 45 minutes.
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Chris Elmeda
My cousin just went through this. They kept paying him but he lost his appeal and now owes them like $3900 😱 He's on a payment plan now.
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Jean Claude
I work at a legal aid organization (not giving legal advice here). Generally, benefits continue during the appeal process, but be aware that if you lose, you'll need to repay those benefits plus serve the forfeit penalty period. Document EVERYTHING and be extremely prepared for your hearing.
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Micah Trail
•Do you think it's worth hiring a lawyer for this? Or is it something I can handle myself?
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Jean Claude
•For most forfeit cases, you can represent yourself effectively if you're well-prepared. If there's a lot of money at stake or your case is unusually complex, legal help might be worth it.
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Charity Cohan
The NY unemployment system is such a disaster rn. I had a similar issue and they continued to pay while I waited for my hearing (took 4 months!!). But seriously, try calling them to confirm. I used claimyr.com to get through after weeks of busy signals.
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Josef Tearle
got a forfeit notice for 12 weeks in June, still collecting benefits while waiting for hearing next month. ur good for now but save some $ in case u lose. then ud need to pay it all back 😭
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Shelby Bauman
Went through this last year. Yes, they continue paying while your appeal is pending. But be careful - if you lose, you'll owe it all back plus have to serve the forfeit period on any future claims. Its a double whammy if you don't win.
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Quinn Herbert
•This is correct! That's exactly how it works. They don't stop paying until there's a final determination after the hearing.
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Salim Nasir
They should keep paying until the hearing decision. That's how the system is supposed to work. But I've seen so many glitches with ny unemployment lately that nothing would surprise me. Why r they saying you didn't report income correctly? Did u have documentation?
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Micah Trail
•I reported some gig work but apparently didn't calculate the hours right. I thought I was doing it correctly but they're saying I underreported by about 12 hours total over a few weeks.
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Salim Nasir
•Bring ALL your payment records, screenshots, receipts, EVERYTHING to the hearing. The more documentation the better. If you can show you tried to report accurately, they might reduce the penalty.
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Hazel Garcia
•^^ this is key. I won my appeal by showing I made a good faith effort to report correctly even tho I made a mistake. Document everything!!!
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Laila Fury
The answer to your question is YES they will continue paying until a decision is made. But PLEASE start setting some money aside in case you lose. I lost my appeal and had to pay back $4,230 😭
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Geoff Richards
NYSDOL is a complete joke rn. Been dealing with them for 14 months straight and nothing ever works right. But to answer your question - yes they'll keep paying during the appeal. That's the one thing they actually do correctly lol.
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Simon White
•14 months?? Omg I thought my 7 month nightmare was bad! This system is completely broken
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Geoff Richards
•yup, 14 months of pure hell. Switched between 3 different claims, had 2 hearings, and spent probably 200+ hours on the phone.
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Hugo Kass
Take it from someone who just went through this exact thing - yes, they continue payments during appeal, but CHECK YOUR ONLINE ACCOUNT DAILY. Sometimes they randomly stop payments without notice and you have to immediately call to fix it.
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Nasira Ibanez
Check ur mail constantly! Sometimes they'll send a notice requiring additional info with a very short deadline, and if u miss it they'll pause payments. Happened to me during my appeal.
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Khalil Urso
I had a 4 week forfeit penalty for a similar issue! Here's what you need to know: 1) Yes, they continue paying while you wait for your hearing 2) It's CRITICAL you get documentation of any work, income, etc. 3) Be super organized at your hearing - have dates, amounts, everything ready 4) If you lose, you'll owe everything back that you received during the appeal period 5) Try to get through to an agent before your hearing to understand exactly what the issue is On that last point - I wasted DAYS trying to call unemployment. I finally tried claimyr.com and got through to a rep in 35 minutes. Worth every penny because I found out exactly what documentation I needed to win my case.
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Micah Trail
•Thank you so much for this detailed advice! I'm definitely going to be super prepared.
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Ava Garcia
I'm going through something similar right now - got hit with a forfeit notice last month for allegedly not reporting some side work properly. From what I've been reading here and my own experience, they should keep paying you during the appeal process. I've been getting my weekly payments while waiting for my hearing date (still 2 months out 😤). The scary part is if you lose, you have to pay back everything you received during the appeal PLUS serve the forfeit period. So definitely start setting aside some money just in case. I've been putting 30% of each payment into a separate account as my "oh shit" fund. Also, gather EVERY piece of documentation you have about that income from April - bank statements, pay stubs, screenshots, emails, literally everything. The more evidence you bring showing you tried to report correctly, the better your chances. Good luck with your hearing in November!
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Megan D'Acosta
•This is such helpful advice! The "oh shit" fund idea is brilliant - I'm definitely going to start doing that with 30% of my payments too. It's scary to think about having to pay it all back but at least this way I'll be prepared. Thanks for sharing your experience, it makes me feel less alone in this nightmare process!
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Tate Jensen
Hey, I'm new to this community but dealing with a similar situation right now. Got a forfeit notice three weeks ago and have been panicking about whether they'll cut off my benefits. Reading through everyone's responses here is super reassuring - sounds like they do keep paying during the appeal process which is a huge relief. I'm definitely taking the advice about saving some money just in case I lose. The idea of having to pay everything back is terrifying but at least now I know what to expect. Also going to start gathering all my documentation like everyone suggests. Has anyone had success with those callback services that keep getting mentioned? I've been trying to call unemployment for weeks with no luck and I'm getting desperate to talk to someone about my specific case.
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