How long can you wait to apply for unemployment benefits with NYS Department of Labor?
I got laid off from my retail job about 6 weeks ago but I thought I'd find something quickly so I didn't file for unemployment right away. Now I'm realizing this job search is taking longer than expected and I'm running low on savings. Can I still apply for NYS Department of Labor unemployment benefits even though it's been over a month? Will they backdate my claim or did I miss my chance? I'm kicking myself for not applying sooner but honestly didn't think I'd need it.
11 comments


Isaac Wright
You can still apply! NYS Department of Labor allows you to file a claim but they typically won't backdate benefits to your actual separation date if you wait this long. Your effective date will be when you actually file the claim, so you've essentially lost those 6 weeks of potential benefits. The sooner you file now, the better.
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Maya Lewis
•Ugh that's what I was afraid of. So I basically threw away 6 weeks worth of money? That's probably like $1800 I'll never see.
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Lucy Taylor
yeah you can file but you lose the weeks you didnt claim. happened to my brother too, he waited 2 months and lost all that money
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Connor Murphy
The key thing is to file immediately now. You'll need to complete your initial claim application and then start filing weekly claims. There's no penalty for filing late other than losing those weeks you could have claimed. Make sure you have your employment history ready - they'll need details about your last employer and reason for separation.
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KhalilStar
•Wait, I thought there was like a 30 day deadline or something? Are you sure there's no cutoff for how long you can wait to apply?
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Connor Murphy
•There's no absolute deadline to file an initial claim, but benefits are only paid from the date you file forward, not backward to when you actually became unemployed. That's the main consequence of waiting.
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Amelia Dietrich
I had a similar situation last year where I couldn't get through to NYS Department of Labor for weeks because their phone lines were constantly busy. If you're having trouble reaching them to file your claim, I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to call dozens of times a day.
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Kaiya Rivera
•Never heard of that but honestly anything is better than sitting on hold for 3 hours just to get disconnected
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Katherine Ziminski
This is why the unemployment system is broken. People shouldn't lose benefits just because they tried to be self-reliant first. Six weeks isn't that long to look for work, especially in retail where hiring can be seasonal. The whole system punishes people for having hope they'd find work quickly.
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Kaiya Rivera
Just file online ASAP. Don't beat yourself up about it, lots of people make the same mistake thinking they'll find work fast. At least you can still get benefits going forward.
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Mei-Ling Chen
Don't feel too bad about waiting - it shows you were trying to be responsible and find work on your own first. While you can't get those 6 weeks back, you can still file now and start receiving benefits going forward. The online application is pretty straightforward, just make sure you have your employer information and dates ready. And definitely start filing weekly claims as soon as your initial application is processed. Better late than never!
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