How far back can you file unemployment with NYS Department of Labor - missed filing deadline?
I lost my job back in September but didn't think I qualified for unemployment benefits so I never applied. Now I'm struggling to find work and realize I probably should have filed. Can I still apply for NYS Department of Labor benefits even though it's been several months? How far back can you file unemployment claims and still get back pay? I'm worried I missed my window completely.
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Lincoln Ramiro
You can typically file a claim within one year of becoming unemployed, but there are restrictions on back pay. NYS Department of Labor will only pay benefits from the week you actually file your claim, not from when you first became unemployed. So if you file today, your benefits would start from this week forward, not back to September unfortunately.
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Henrietta Beasley
•That's what I was afraid of. So I basically lost out on 4 months of potential benefits because I waited too long to apply?
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Faith Kingston
Actually there might be some exceptions if you had good cause for the delay in filing. NYS Department of Labor considers things like serious illness, lack of knowledge about benefits, or other circumstances beyond your control. You'd need to explain why you didn't file sooner when you submit your application. Worth a shot at least.
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Emma Johnson
•what counts as good cause though?? i waited 2 months to file because my employer told me i wouldn't qualify since i was part time
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Liam Brown
I had a similar situation last year where I waited about 6 weeks to file. When I called NYS Department of Labor to ask about back dating my claim, they said I could potentially get benefits backdated if I could prove I was actively looking for work during that time and had valid reasons for not filing immediately. Had to provide documentation though.
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Henrietta Beasley
•What kind of documentation did they want? I have been applying for jobs since October so I do have some records of that.
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Liam Brown
•They wanted my job search log showing applications I submitted, any correspondence with potential employers, stuff like that. Also had to write a statement explaining why I delayed filing.
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Olivia Garcia
The whole system is ridiculous - they make it so confusing that people don't even know they should apply! Then they penalize you for not knowing their arbitrary rules. I waited 3 weeks because I thought I had to have a certain number of hours worked first.
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Noah Lee
•If you're having trouble getting through to NYS Department of Labor about backdating issues, I used a service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
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Olivia Garcia
•Never heard of that but might be worth trying. The phone lines are always busy when I call.
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Ava Hernandez
Just file now and see what happens! The worst they can say is no to backdating but you'll still get benefits going forward. Don't wait any longer or you'll miss out on even more money.
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