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Kevin Bell

Got denied unemployment by NYS Department of Labor - how to understand why and next steps?

Just received my determination letter from NYS Department of Labor and my unemployment claim was denied. The letter mentions something about 'insufficient earnings' but I worked for 8 months last year at a retail job making $16/hour. I thought I had enough work history to qualify. Can someone explain what this means and if there's anything I can do? I really need these benefits to get by while I look for new work.

The 'insufficient earnings' denial usually means you didn't meet the monetary requirements during your base period. NYS Department of Labor looks at the first 4 of the last 5 completed calendar quarters before you filed. You need at least $2,600 in total wages and $1,300 in your highest earning quarter. Check your determination letter for the exact wage breakdown - it should show what quarters they counted.

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Kevin Bell

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Thanks! Looking at the letter now, it shows my highest quarter was only $4,200 but my total for all quarters was $18,500. So I think I met the requirements? This is confusing.

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Felix Grigori

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wait that doesn't sound right if you made 18k total you should qualify... did you work in multiple states? sometimes wages from other states don't get counted automatically

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Kevin Bell

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No, all my work was here in NY. Maybe there's an error in their system?

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Felicity Bud

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You absolutely can appeal this determination! You have 30 days from the date on your letter to file an appeal with NYS Department of Labor. If your wages show you met the monetary requirements, this sounds like it could be an error. File the appeal online through your my.ny.gov account or mail in form IA 007-4. Include any pay stubs or W-2s that show your earnings during the base period.

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Kevin Bell

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Do I need to keep filing weekly claims while the appeal is processing? And how long do appeals usually take?

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Felicity Bud

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Yes, keep filing weekly claims! If you win the appeal, you'll get backpay for those weeks. Appeals can take 6-12 weeks depending on the hearing backlog.

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Max Reyes

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I had a similar issue last year where NYS Department of Labor somehow missed wages from one of my employers. Took forever to get through on the phone to fix it. If you need to speak to someone directly about the wage discrepancy, I found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.

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How much does that cost though? Seems like you shouldn't have to pay extra just to talk to NYS Department of Labor.

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Max Reyes

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It's worth it when you consider how much time you'd spend calling yourself. Plus if there's a wage error, you could be missing out on thousands in benefits.

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Adrian Connor

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The whole system is rigged against us! They deny people on technicalities hoping we'll give up and not appeal. ALWAYS APPEAL if you think you qualify. Don't let them steal your benefits!

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Aisha Jackson

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Good luck with the appeal! Make sure you gather all your documentation before the hearing. The hearing officers are usually fair if you have proof of your wages.

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Dmitry Popov

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I went through something similar a few months ago. One thing to check - make sure all your employers reported your wages correctly to NYS. Sometimes there are delays or errors in wage reporting that can mess up your base period calculations. You can request a wage transcript from NYS Department of Labor to see exactly what wages they have on file for you. If there's a discrepancy between what you actually earned and what they show, that's definitely grounds for appeal. Also, double-check that they used the right base period - sometimes they calculate it wrong if you filed right at the beginning or end of a quarter.

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