Got laid off in August - NY unemployment rep says I can backdate my claim to then if I file next month?
I was let go from my job in a company downsizing back in August. I didn't file for unemployment right away because I was trying to find another job and honestly just dealing with the shock. After struggling for months, I finally contacted my State Senator's office last week for help. Their constituent services team reached out to unemployment for me, and I got a call back yesterday (took 3 attempts before they actually reached me). The rep I spoke with said something interesting - they told me that when I actually file my claim in February, I can request backdating to August when I originally lost my job. Apparently I need to file first, then ask to be transferred to something called the "BRI Pre-date Department" and they can release all those back payments. I'm relieved but also confused. Will I have to verbally certify for all those weeks from August through January? Or will they mail me forms to fill out? Anyone been through this backdating process before with ny unemployment? Just trying to prepare myself for what's coming next.
45 comments
Victoria Stark
Yes you can backdate! I went through this same process last year. you'll have to verbally certify each week one at a time with the agent. It takes forever and is super tedious, but I did get all my back pay eventually. Just be prepared with all your info for each week (any work, any interviews, etc
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Hassan Khoury
•Thank you! Did they make you explain why you waited so long to file? I'm worried they'll deny me because I waited several months.
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Victoria Stark
•they did ask but it wasnt a big deal. i just said i was hoping to find work quickly & didnt realize how long id be unemployed. they were understanding bout it.
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Benjamin Kim
•I had a similar experience. They just want to verify you were eligible during those weeks. As long as you were actually unemployed and able to work, it's fine.
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Samantha Howard
After wasting WEEKS trying to reach NY unemployment on my own, I finally tried this service called Claimyr (claimyr.com) and got through to a real agent within an hour! They called and waited on hold, then connected me when they got a real person. Was the only way I could actually talk to a human to backdate my claim. They sent me this video explaining how it works: https://youtu.be/Rdqa1gKtxuE - seriously saved me so much frustration and got my money flowing again.
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Megan D'Acosta
•this sounds like an ad... does this actually work? 🤔
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Samantha Howard
•I was skeptical too but it worked for me! I was at my wits end after calling like 50+ times. Talking to an agent got my $ unlocked so fast after months of nothing.
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Sarah Ali
•another service promising to fix unemployment probs... what makes this one different from all the other scams out there?
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Samantha Howard
•It's not fixing ur claim - it just gets u thru to an actual human at unemployment who can. they literally just do the calling/waiting on hold for u. worth every penny when i was desperate after weeks of trying.
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Ryan Vasquez
•wait so this isn't one of those 'we'll file for you' things? they just get you through to the actual NYS people?
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Samantha Howard
•Exactly! They just handle the phone hell part. You still talk directly to the real NY unemployment agent to handle your specific situation.
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Avery Saint
Wow, so your State Senator's office actually helped? I've been emailing my Assemblyman for 3 weeks with no response. Maybe I should try my Senator instead...
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Taylor Chen
You WILL have to certify for every week individually. Have a calendar ready with any days you couldn't work, any job applications you submitted, any income you had. I had to backdate for 6 weeks and it took almost an hour just for the certifications.
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Hassan Khoury
•Thanks for the heads up! Did you have to provide proof of job searches for those past weeks? I didn't keep great records at first...
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Taylor Chen
•They didnt ask me for proof during the call, but I've heard they can audit you later. They mostly just asked if I searched and how many places I applied to each week.
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Keith Davidson
•They're supposed to be doing more audits this year, I'd try to recreate your job search records if possible. LinkedIn applications usually have dates you can reference.
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Ezra Bates
I worked for NY unemployment during covid (quit because it was a nightmare lol). The BRI Pre-date Dept is legit - they handle backdating claims. But they're SUPER backed up right now. Even after you talk to them, expect to wait 4-6 weeks for the money to actually hit your account. The system is a disaster behind the scenes.
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Ana ErdoÄŸan
•Any insider tips for getting through to them faster? 👀
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Ezra Bates
•Call right when they open (7:30am) or in the last hour before they close. Middle of day is absolute worst time. And NEVER call on Mondays.
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Hassan Khoury
•Thank you for the insight! Any idea if they're more likely to deny backdating requests that go back several months? Really worried about that part.
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Ezra Bates
•They can backdate up to a year, but they'll ask why you waited. Valid reasons: confusion about eligibility, technical problems, health issues, trying to find work first. Just be honest but have your explanation ready.
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Sophia Carson
•the ny unemployment system is such a joke. they make it so hard to get what ur legally entitled to 🙄 like they WANT people to give up
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Elijah Knight
I backdated 3 months last summer. Here's what happened for me: 1. Filed my claim online 2. Called the next day (took about 25 tries to get through) 3. Explained I needed backdating 4. Got transferred to BRI Pre-date 5. Had to verbally certify each week one by one 6. They asked for work search details for each week 7. Had to explain why I didn't file sooner (I said I was confused about eligibility since I had some 1099 income) 8. Approved on the call 9. Money came in two separate payments about 10 days later The whole process took about 90 minutes on the phone but was worth it. Having trouble getting through? I used claimyr.com after wasting days trying to call myself - it was the best money I've spent in a long time considering how much back pay I got.
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Hassan Khoury
•This is SUPER helpful, thank you! Did they need any documentation or just your verbal answers?
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Elijah Knight
•Just verbal for me, but have your last employer's info and separation date ready. They might ask for more details depending on your situation.
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Brooklyn Foley
The same thing happened to me and they DENIED my backdate request saying I didn't have a "good cause" for delay. Complete BS. It depends entirely on which agent you get. Some are helpful, others just want to deny everything.
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Jay Lincoln
•This is what I'm worried about too. The whole system seems so arbitrary. 😫
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Jessica Suarez
•Did you appeal? You can fight the denial!
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Brooklyn Foley
•I tried but gave up after waiting 3 months just for the appeal hearing. Couldn't pay rent and had to move by then anyway.
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Marcus Williams
lmao good luck actually reaching that department. i've been trying for FIVE WEEKS to get transferred there. every time i call they say "we'll transfer you" and then i get disconnected 🤡 the whole system is designed to make you give up
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Lily Young
•THIS!!! I swear they hang up on purpose when they don't want to deal with something complicated
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Kennedy Morrison
•Try claimyr.com - only way I finally got through after weeks of this exact same runaround. they stay on hold for you and connect when a human picks up
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Wesley Hallow
Quick tip: when you do the verbal certifications, they'll ask if you were ready, willing and able to work each day. If you say no for ANY day (even if you were sick for one day), they'll reduce that week's payment. Learned this the hard way.
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Justin Chang
I feel like every State Senator/Assembly office has different levels of helpfulness. Mine was useless but my friend got help from hers in like 2 days. Might be worth trying both?
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Grace Thomas
•True! My assemblyperson was way more helpful than my senator. Depends on their staff I think.
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Hunter Brighton
Been through this EXACT situation. When you file in February, immediately call after and request the backdating. Don't wait for them to contact you. The system won't automatically know you need backdating - you have to specifically request it. And yes, they'll make you verbally certify each week, so have all your info ready about what days you were available to work, what jobs you applied for, etc.
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Dylan Baskin
Something nobody's mentioned: you might get a different benefit amount depending on which quarter your claim is based on. If you file in February using the backdated August date, they'll use your earnings from a different base period than if you file with February as the start date. This could mean more or less $ depending on your specific work history. Worth asking about when you talk to them.
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Hassan Khoury
•Wow I hadn't even thought about this! Do you know how they determine which quarters they look at?
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Dylan Baskin
•They use the last 4 completed quarters before you file. So if you backdate to August 2023, they'd use April 2022-March 2023 as your base period. If you file with February 2024, they'd use October 2022-September 2023.
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Lauren Wood
•This 💯 - I actually got less money because of when I backdated. Wish someone had told me this beforehand!
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Ellie Lopez
NY unemployment is a freaking disaster right now. I work at a nonprofit that helps people navigate benefits, and about half our clients have backdating issues. They're rejecting a lot more backdating requests than they used to, claiming people don't have "good cause" for late filing. Have a REALLY solid explanation ready for why you waited.
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Hassan Khoury
•What reasons do they usually accept as "good cause"? I just didn't know I could qualify since I was getting a small severance at first.
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Ellie Lopez
•That's actually a good reason! Other acceptable ones: health issues, technology barriers, confusion about eligibility, misinformation from employer, or language barriers. They're less sympathetic to "I thought I'd find a job quickly" but sometimes that works too.
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Chad Winthrope
•The system is designed to be confusing on purpose so they can deny more claims. It's disgusting.
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Paige Cantoni
Anyone else notice how they changed the backdating rules after covid? Used to be way easier to get backdated payments.
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