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Sofia Morales

Does NYS Department of Labor unemployment back pay from last day worked or filing date?

I'm confused about when my unemployment benefits actually start. I was laid off on December 3rd but didn't file my claim until December 18th because I thought I might get called back. Now I'm wondering - does NYS Department of Labor back pay unemployment benefits from my last day of work (December 3rd) or from when I actually filed the claim (December 18th)? I've been getting different answers from people and I really need to know because those extra two weeks would make a huge difference for my bills. Has anyone dealt with this situation before?

StarSailor

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Benefits start from the Sunday of the week you file your claim, not your last day of work. So if you filed December 18th, your claim would start from December 15th (the Sunday of that week). You can't get benefits for the weeks before you filed, even if you were unemployed. The NYS Department of Labor calls this your 'benefit year begin date' and it's based on when you submit your application.

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Sofia Morales

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That's really disappointing but thanks for the clear answer. So I basically lost those two weeks of benefits by waiting to file?

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Dmitry Ivanov

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Wait I thought you could backdate claims in some cases? I swear I read something about that on the NYS Department of Labor website. Maybe there are exceptions for certain situations?

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Ava Garcia

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You're thinking of pandemic rules that expired. Regular UI claims can only be backdated in very limited circumstances like hospitalization or military deployment. Being laid off and waiting to file doesn't qualify unfortunately.

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Miguel Silva

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This is exactly why I tell everyone to file immediately after losing their job, even if they think they might get called back. The NYS Department of Labor doesn't mess around with backdating claims and those lost weeks add up fast. You can always stop claiming if you get rehired.

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Zainab Ismail

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Ugh wish someone had told me this when I got laid off. I waited three weeks thinking my company would call me back and lost all that money.

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I had a similar issue last year and spent weeks trying to get through to someone at NYS Department of Labor to ask about backdating. The phone lines are always jammed and when I finally got through they confirmed what others are saying here. If you need to speak with an agent about your specific situation, I ended up using claimyr.com to get through - there's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of redialing busy numbers.

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Sofia Morales

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Thanks for the suggestion! How much does that service cost? At this point I'm willing to pay to get some real answers about my claim.

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It's worth checking out their website for current info. For me it was worth it just to avoid the endless busy signals and actually talk to a real person at NYS Department of Labor.

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Romeo Barrett

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I'm going through something similar right now and called the NYS Department of Labor directly last week. The representative confirmed that you cannot get benefits for weeks before you filed your initial claim. The system is pretty rigid about this - your benefit year officially begins the Sunday of the week you submit your application, regardless of when you actually lost your job. I know it's frustrating when you're already dealing with job loss stress, but the lesson I learned is to always file immediately even if there's a chance of getting rehired. You can always cancel or pause your claim if your situation changes, but you can't go backwards to claim those earlier weeks.

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I learned this the hard way too when I was laid off a few years ago. The NYS Department of Labor is very strict about this rule - your benefit week starts from the Sunday of the week you file, period. I waited almost a month thinking my employer might rehire me and ended up losing out on nearly $1,200 in benefits. The system doesn't have much flexibility for individual circumstances, unfortunately. My advice for anyone reading this is to file your claim the day after you lose your job, even if you're optimistic about getting called back. You can always withdraw or stop certifying if you get rehired, but you can't recover those lost weeks. It's one of those bureaucratic rules that seems unfair but is consistently enforced.

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Kelsey Chin

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Wow, $1,200 - that really puts it in perspective how much those lost weeks can cost. I'm kicking myself for waiting those two weeks now. At least I know for the future, and hopefully other people reading this will learn from our mistakes and file right away. It's such a harsh lesson when you're already stressed about losing your job.

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