How long can I wait to file for unemployment benefits with NYS Department of Labor?
I got laid off from my restaurant job about 2 weeks ago and I'm wondering if there's a deadline for filing my unemployment claim with NYS Department of Labor. I was hoping I might find something quickly but no luck so far. My landlord is starting to ask about next month's rent and I'm getting worried. Does anyone know how long I can wait before it's too late to file? I heard something about backdating but I'm not sure how that works with NYS Department of Labor.
11 comments

Josef Tearle
You should file ASAP! NYS Department of Labor generally allows you to backdate your claim up to 4 weeks from when you became unemployed, but the sooner you file the better. Your benefit year starts from the Sunday of the week you file, not when you lost your job. If you wait too long you could lose those weeks of benefits entirely.
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Charity Cohan
•Thanks! So if I file today I could potentially get benefits for the past 2 weeks? That would be a huge help with rent.
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Shelby Bauman
i waited like 3 weeks and they only gave me benefits from when i filed not from when i got fired... might depend on your situation though
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Quinn Herbert
The official rule is that you can request backdating during your initial claim filing, but NYS Department of Labor will only approve it if you have a valid reason for the delay. Looking for work on your own isn't usually considered a valid reason. Valid reasons include things like not knowing you were eligible, illness, or misinformation from your employer. You'll need to provide documentation if you request backdating.
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Salim Nasir
•Wait, so they might not approve backdating just because I was trying to find work first? That seems unfair - I was being responsible by trying to get a job before using unemployment benefits.
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Quinn Herbert
•Unfortunately that's correct. The system assumes you should know about unemployment benefits and file immediately. I'd still try requesting backdating when you file and explain your situation - worst case they say no and you get benefits starting from your filing date.
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Hazel Garcia
I had trouble getting through to NYS Department of Labor on the phone to ask about this exact same thing. The wait times are insane and I kept getting disconnected. Finally found this service called Claimyr at claimyr.com that helped me get through to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to explain my backdating options and help me file properly. Might be worth checking out if you're having trouble reaching anyone.
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Charity Cohan
•How much does something like that cost? I'm already tight on money so I don't want to pay a lot just to talk to someone.
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Hazel Garcia
•It's definitely cheaper than losing weeks of benefits because you couldn't get proper information. The main thing is getting your claim filed correctly the first time.
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Laila Fury
File online right now!! Don't wait any longer. Even if they don't approve backdating you'll at least start getting benefits from this week forward. The online system is usually faster than calling anyway.
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AstroAce
•Agreed! I just went through this process last month and filing online was so much easier than trying to call. The website walks you through everything step by step and you can save your progress if you need to gather documents. @Charity Cohan don t'stress too much about the backdating - focus on getting your claim submitted today so you can start receiving benefits as soon as possible. Even without backdating, getting benefits starting now is better than waiting longer and potentially missing out on more weeks.
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