How far back can you apply for unemployment benefits with NYS Department of Labor?
I got laid off from my warehouse job about 6 weeks ago and I've been putting off filing for unemployment because I thought I might find something quickly. Well that didn't happen and now I'm struggling to pay rent. Can I still apply for NYS Department of Labor benefits and get the money for the weeks I missed? I know I should have filed right away but I was being stubborn. Does anyone know if there's a time limit on how far back you can claim unemployment?
26 comments


Andre Dupont
You can definitely still file, but you'll only be able to claim benefits from the week you actually file your application. NYS Department of Labor doesn't allow retroactive claims beyond your filing date. So if you file today, your benefit year starts this week - you won't get paid for those 6 weeks you waited. The general rule is to file as soon as you become unemployed to avoid losing those weeks of benefits.
0 coins
Carmen Lopez
•Ugh that's what I was afraid of. So I basically lost out on 6 weeks worth of money because I waited? That's like $2000 I'll never see.
0 coins
QuantumQuasar
same thing happened to my cousin last year, she waited almost 2 months thinking she'd find work and ended up losing all that money when she finally filed
0 coins
Zoe Papanikolaou
Actually, there are some exceptions to this rule. If you had what's called 'good cause' for the delay in filing, NYS Department of Labor might consider backdating your claim. Good cause could include things like serious illness, family emergency, or if you were given incorrect information by an employer about your eligibility. You'd need to provide documentation though. When you file, explain your situation and ask about backdating - worst they can say is no.
0 coins
Carmen Lopez
•Really? What kind of documentation would I need? I don't think I have a good excuse other than being stubborn and thinking I'd find work faster.
0 coins
Zoe Papanikolaou
•For your situation, probably wouldn't qualify since it sounds like personal choice rather than circumstances beyond your control. But definitely still worth asking when you file - sometimes there are nuances in individual cases.
0 coins
Jamal Wilson
I had trouble getting through to NYS Department of Labor when I needed to ask about backdating my claim last year. The phone system is terrible and I kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it so much easier to get my questions answered without spending hours on hold.
0 coins
Carmen Lopez
•Thanks for the tip! I'll definitely check that out if I can't get through on my own.
0 coins
Mei Lin
Wait I'm confused - I thought you could claim unemployment for up to a year after you lose your job? My friend told me that when I got fired last month. Are you saying that's not true?
0 coins
Andre Dupont
•Your friend might be thinking of the benefit year duration vs. when you can first apply. Once you file and are approved, you can collect benefits for up to 26 weeks within a 52-week period. But you have to file relatively soon after becoming unemployed to start that clock ticking.
0 coins
Mei Lin
•Oh that makes more sense. So it's not that you have a year to apply, it's that once you apply you get benefits for up to a year?
0 coins
Andre Dupont
•Exactly! And it's actually up to 26 weeks of benefits, not a full year of benefits. The 52-week period is just the timeframe within which you can use those 26 weeks.
0 coins
Liam Fitzgerald
The NYS Department of Labor system is so frustrating with this stuff. Like why can't they just automatically backdate claims when people file late? They act like everyone knows all these rules ahead of time. Most people have never dealt with unemployment before and don't know you have to file immediately.
0 coins
QuantumQuasar
•for real, they should make it clearer. i had no idea about any of this when i first filed
0 coins
Amara Nnamani
Just file now and don't wait any longer! Even though you missed those weeks, you'll still be eligible for future weeks. The longer you wait, the more money you're potentially losing. The application process takes time anyway and there might be an adjudication period where they review your claim.
0 coins
Pedro Sawyer
I went through something similar when I lost my job last year. The key thing is to file TODAY - don't wait another day. While you can't get those 6 weeks back, you're still eligible for up to 26 weeks of benefits going forward. When you file online, there's a section where you can explain why you delayed filing - be honest about your situation. Even if they can't backdate it, at least you'll have it on record. Also, make sure you certify for benefits every week once you're approved, even if you're still job searching. Missing weekly certifications can cause delays in payments too.
0 coins
Sofia Ramirez
•This is really helpful advice, thank you Pedro! I'm definitely going to file today - you're right that I shouldn't wait any longer. I appreciate the tip about being honest in the explanation section too. Even if they can't backdate it, at least I'll know I tried. And good point about the weekly certifications - I'll make sure to stay on top of those once I get approved.
0 coins
Fatima Al-Maktoum
I'm in a similar boat - got laid off 3 weeks ago and kept thinking something would come up. Reading all these responses is making me realize I need to stop procrastinating and just file already. Carmen, definitely don't wait any longer! And for anyone else reading this who just lost their job - file immediately! I learned the hard way that pride and optimism don't pay the bills. At least we can still get benefits going forward even if we missed those initial weeks.
0 coins
Diego Mendoza
•You're absolutely right Fatima - I wish I had known about filing immediately when I first got laid off. It's such an expensive lesson to learn! But you're right that we shouldn't let pride get in the way of getting the help we need. I'm going to file today and hopefully start getting benefits soon. Good luck with your application too - at least we're not alone in this situation. Thanks for the encouragement!
0 coins
Mia Roberts
Just wanted to add that when you do file, make sure you have all your employment information ready - dates of employment, reason for separation, employer contact info, etc. The NYS DOL system can be glitchy and it's frustrating to have to start over if you're missing information. Also, don't be discouraged if your first payment takes a few weeks - there's usually a waiting period while they process everything. I know it sucks that you can't get those 6 weeks back, but getting started now is still going to help with your rent situation going forward. Hang in there!
0 coins
Dmitry Kuznetsov
•Great advice about having all the employment info ready! I made that mistake when I first tried to file a few years ago and had to restart the whole application because I didn't have my exact employment dates. One thing I'd also suggest is taking screenshots of each page as you go through the application process - the NYS system has been known to time out or crash, and having those screenshots can save you from having to re-enter everything. Also Carmen, when you get to the weekly certification part, set a reminder on your phone for the same day each week - consistency really helps avoid any hiccups with payments.
0 coins
LordCommander
I'm in the exact same situation - lost my job 4 weeks ago and kept thinking I'd land something fast. Reading through all these comments is a real wake-up call about how the system actually works. It's frustrating that there's no grace period for people who don't know the rules, but I guess that's just how it is. Carmen, we both learned an expensive lesson here, but at least we can still get benefits moving forward. I'm going to stop putting it off and file my application today too. For anyone else who might be reading this after losing their job - seriously, file IMMEDIATELY. Don't make the same mistake we did!
0 coins
Zara Rashid
•You're absolutely right about filing immediately - I wish someone had told me that when I first started looking into unemployment benefits. It's such a harsh lesson to learn that the system doesn't give you any leeway for not knowing the rules. At least by sharing our experiences here, maybe we can help other people avoid making the same mistake. Carmen and everyone else in similar situations - definitely don't wait another day. The application process itself takes time, and every day you delay is potentially another day of benefits lost. It's better to get the ball rolling even if you're still hopeful about finding work quickly. Good luck to all of us navigating this process!
0 coins
Giovanni Conti
I work at a workforce development center and see this situation constantly - you're definitely not alone in making this mistake! While it's true that NYS DOL generally doesn't allow backdating beyond your filing date, I always tell people to file immediately and still ask about backdating when you speak to a representative. Sometimes there are program nuances or special circumstances that might apply. Also, when you do file, make sure to select the earliest date you became unemployed as your "claim start date" even though benefits will only begin from your filing week - this establishes the proper timeline in their system. One more tip: if you're struggling with rent right now, look into emergency assistance programs in your area while you wait for unemployment to kick in. Many counties have rapid rehousing or emergency rental assistance that can bridge the gap. Don't let this setback discourage you from filing today!
0 coins
Liam McGuire
•This is incredibly helpful information, thank you Giovanni! I had no idea there were workforce development centers that could provide guidance on these situations. Your point about still asking for backdating even when it seems unlikely is encouraging - it's worth a shot since the worst they can say is no. I'm also really grateful for the tip about emergency rental assistance programs. I've been so focused on the unemployment benefits that I hadn't thought about other resources that might help bridge the gap while I'm waiting for payments to start. Do you happen to know if most counties have these rapid rehousing programs, or is it something I'd need to search for specifically in my area? Either way, I'm definitely going to look into it today along with filing my unemployment claim. Thanks for taking the time to share your professional insights - it's reassuring to know there are people out there helping folks navigate these challenging situations!
0 coins
Faith Kingston
I'm a case worker who helps people with unemployment claims, and I want to emphasize what others have said - file TODAY, don't wait another hour! While you unfortunately can't recover those 6 weeks of benefits, you're still eligible for up to 26 weeks going forward. When you apply, there's a question about why you delayed filing - be honest but keep it brief. Also, a few practical tips: Have your Social Security card, driver's license, and employment history ready before you start. The system often crashes during peak hours, so try filing early morning or late evening. Once approved, you'll need to certify weekly - I recommend setting up a calendar reminder for the same day each week. And Carmen, while you're waiting for your first payment, contact 211 (dial 2-1-1) for information about local emergency assistance programs that might help with rent. You're not the first person to make this timing mistake, and you won't be the last - but don't let it prevent you from getting the help you need now!
0 coins