How far back can you claim unemployment benefits in NY - missed filing deadline?
I got laid off from my warehouse job back in September but didn't file for unemployment right away because I thought I'd find work quickly. Now it's been almost 4 months and I'm still unemployed. Can I still file a claim with NYS Department of Labor and get benefits for the time I missed? How far back can you claim unemployment in New York? I'm really kicking myself for not filing sooner but I had no idea the job market would be this tough.
20 comments


StarSurfer
Unfortunately, you can only backdate your unemployment claim up to 4 weeks from when you file with NYS Department of Labor. Since you've been unemployed for 4 months, you won't be able to get benefits for that entire period. You should still file immediately though - you can get benefits going forward as long as you meet the weekly requirements.
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Dmitry Petrov
•Only 4 weeks?? That's terrible. So I basically lost out on thousands of dollars because I waited too long to file?
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Ava Martinez
Yeah the 4 week backdate rule is strict in NY. But don't beat yourself up - file your claim TODAY on the my.ny.gov website. You'll need your employment history for the last 18 months, including dates and wages. The sooner you file, the sooner you can start getting weekly benefits. Make sure you have a good reason for the delay when they ask during your claim interview.
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Miguel Castro
•What counts as a 'good reason' for the delay? I'm in a similar situation where I waited a couple months to file.
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Ava Martinez
•Good reasons include not knowing you were eligible, misinformation from employer, serious illness, or other circumstances beyond your control. Just expecting to find work quickly usually isn't considered good cause unfortunately.
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Zainab Abdulrahman
I had a nightmare trying to get through to NYS Department of Labor when I had questions about backdating my claim. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration dealing with the phone system.
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Dmitry Petrov
•How much does something like that cost? I'm already broke from being unemployed for months.
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Zainab Abdulrahman
•It was worth it for me to get clear answers about my specific situation rather than guessing. Much better than spending days trying to get through on my own.
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Connor Byrne
this whole system is RIDICULOUS! why should people lose benefits just because they didn't know the arbitrary rules?? the 4 week thing makes no sense when people are genuinely unemployed
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Yara Elias
•I feel you but that's just how it works. At least OP can still get benefits going forward if they file now.
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QuantumQuasar
Don't wait any longer OP. Even if you can only get 4 weeks backdated, that's still something. Plus you'll be eligible for benefits going forward. The weekly benefit amount in NY can be up to $504 so every week you delay costs you money. File online at my.ny.gov and start your weekly claims as soon as your claim is processed.
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Amina Toure
I went through something similar last year - waited about 6 weeks to file thinking I'd land something quickly. The 4 week backdate limit is real and it stings, but here's what I learned: file your claim ASAP and be prepared for the phone interview where they'll ask about the delay. When I explained that I was actively job searching and didn't realize the urgency of filing immediately, they were understanding but still couldn't go beyond the 4 weeks. The good news is once you're approved, the weekly benefits really help while you continue your job search. Also make sure you're meeting the work search requirements - you need to document your job search activities each week. Don't let this delay cost you any more potential benefits!
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Sean Doyle
•Thanks for sharing your experience @Amina Toure - it s'helpful to hear from someone who went through this. Quick question about the work search requirements - how many job applications do you need to document each week? And do they actually check up on this or is it more of an honor system? I want to make sure I m'doing everything right when I file my claim.
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Anna Kerber
I'm dealing with a similar situation right now - got laid off in October and just filed last week after finally accepting that my job search wasn't going anywhere fast. The 4-week backdate rule is frustrating but it's firm. What I found helpful was calling early in the morning (like 8 AM sharp) to avoid the worst of the phone queue nightmare. Also, when you do your weekly certifications, keep detailed records of your job search activities - I use a simple spreadsheet with company names, positions applied for, dates, and contact info. The DOL can request this information during audits so it's better to be over-prepared. Don't let the regret about waiting eat at you too much - focus on getting your claim processed quickly and staying consistent with your weekly certifications. Every week you delay filing costs you more money.
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Ravi Kapoor
•Thanks for the practical tips @Anna Kerber! The spreadsheet idea for tracking job search activities is really smart - I hadn't thought about keeping that detailed of records but you're right that it's better to be over-prepared. Question about the weekly certifications: do you know if there's a specific number of job search activities required per week in NY, or is it more about showing "reasonable effort"? I want to make sure I understand the requirements before I start filing my weekly claims.
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Emily Thompson
•@Anna Kerber that s'really solid advice about calling at 8 AM sharp! I made the mistake of calling in the afternoon and literally spent 3 hours on hold before giving up. For the job search tracking, I d'also recommend saving screenshots or PDFs of the job postings you apply to since some companies remove listings quickly. That way you have proof of what you applied for if they ever audit your records. The whole system is definitely frustrating but staying organized makes it much more manageable.
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Romeo Quest
I'm going through the exact same situation right now - got laid off in late September and kept thinking "next week I'll find something" until here we are in January. The 4-week backdate limit is brutal but it's unfortunately set in stone. I finally filed my claim two weeks ago and just got approved yesterday. Here's what I wish I knew earlier: when you file online at my.ny.gov, have ALL your employment info ready (last 18 months of employers, dates, wages, reason for separation). The initial application took me about 45 minutes but having everything organized helped. Also, they scheduled my phone interview for about 10 days after I filed - be honest about why you delayed but don't overthink it. The rep told me that while they can't extend the backdate period, they understand people don't always know the rules. Most importantly, file TODAY if you haven't already. Every day you wait is money lost. The weekly benefit in NY ranges from $104-$504 depending on your previous wages, so even getting just 4 weeks backdated plus ongoing benefits is better than nothing. Hang in there - I know it's frustrating but at least we can still get help going forward.
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ElectricDreamer
•@Romeo Quest thanks for sharing all those details - it s'really encouraging to hear you got approved! The 45-minute application time estimate is super helpful since I was worried it would take hours. Quick question about the phone interview: did they ask a lot of detailed questions about your job search activities during the delay period, or was it more focused on your employment history and eligibility? I m'nervous about that call since I basically did minimal job searching the first month after my layoff thinking I d'get rehired. Also wondering if you ve'started receiving payments yet or if there s'still a waiting period after approval?
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Liam Fitzgerald
I'm in almost the exact same boat - got laid off in early October and kept putting off filing because I was convinced I'd land something within a few weeks. Now it's late January and I'm kicking myself for waiting so long. Reading everyone's responses about the 4-week backdate limit is tough to hear but at least now I know what to expect. I'm going to file my claim this weekend and have been gathering all my employment documents. One thing I'm curious about - for those who've been through this process recently, how long after filing did it take to get your first payment? I know there's usually some kind of waiting week but I'm not sure how that works with a backdated claim. Also, has anyone had success appealing the 4-week backdate limit or is it really set in stone? I'm prepared to accept it but figured I'd ask. Thanks to everyone sharing their experiences - it's really helpful to know I'm not the only one who made this mistake.
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Logan Chiang
•@Liam Fitzgerald I can relate to that convince "I d'land something quickly mindset" - it s'such a common mistake but hindsight is 20/20. From what I ve'seen in other threads, the 4-week backdate limit is pretty much set in stone - appeals rarely succeed unless you have documented proof of circumstances completely beyond your control like (hospitalization .)As for timing, most people seem to get their first payment 2-3 weeks after filing if there are no issues with their claim. The waiting week applies to your first week of eligibility, so with a backdated claim you d'still have that one unpaid week even if you get the 4 weeks approved. Don t'beat yourself up too much - file this weekend and focus on the benefits you can still get going forward. Every week counts from here on out!
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