How long can you wait to file for unemployment with NYS Department of Labor - missed the deadline?
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'd find work quickly. Now I'm realizing I should have filed right away but I'm worried I've waited too long. Does anyone know if there's a deadline for filing with NYS Department of Labor? I heard you can only go back 4 weeks but I'm not sure if that's true. Really kicking myself for not doing this sooner but I was hoping to avoid the whole process.
11 comments


Connor O'Neill
You can definitely still file, but you're right that there are some limitations on backdating. NYS Department of Labor allows you to backdate your claim up to one week from when you file, but anything beyond that requires special circumstances. Since you've been unemployed for 6 weeks, you'll likely lose some benefit weeks unless you can show good cause for the delay. The sooner you file, the better - don't wait any longer.
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Zainab Ismail
•What counts as good cause? I was actively job hunting and thought I'd find something quickly. Is that enough of a reason?
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Yara Nassar
ugh same thing happened to me last year, waited almost 2 months thinking id get a new job fast. ended up losing like 7 weeks of benefits because i was an idiot about it
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Keisha Robinson
•That's really tough. For future reference, you can always file and then cancel the claim if you find work quickly. It's much easier than trying to backdate later.
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GalaxyGuardian
I had a similar issue when I waited to file after getting let go from my retail job. Couldn't get through to NYS Department of Labor on the phone for weeks to explain my situation. Finally used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could review my case. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to help me get some of my backdated weeks approved since I had documentation of my job search efforts.
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Paolo Ricci
•How much did that cost? I'm already tight on money and can't afford expensive services right now.
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GalaxyGuardian
•It wasn't expensive at all, and honestly saved me more money than it cost by getting those backdated weeks approved. Way better than spending hours trying to get through on the phone.
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Amina Toure
File immediately! Even if you can't get all the back weeks, you'll at least start earning benefit credits for future weeks. The NYS Department of Labor system is set up to punish people who wait, which is really unfair but that's how it works.
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Zainab Ismail
•Thanks, I'm going to file today. Should I mention in my application that I was actively job searching during those 6 weeks?
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Oliver Zimmermann
Yes definitely mention your job search activities when you file! Keep records of everywhere you applied, any interviews you had, etc. NYS Department of Labor wants to see that you were genuinely looking for work even if you weren't claiming benefits yet. This documentation could help support your case for backdating some of those missed weeks.
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Freya Ross
I went through this exact same situation about 8 months ago - waited 5 weeks thinking I'd land something fast. Here's what I learned: file TODAY, don't wait another day. When you file, there's a section where you can explain why you delayed filing. Be honest about job searching but emphasize any specific circumstances (like if you had interviews lined up, were waiting on a specific opportunity, etc.). I was able to get 3 out of my 5 missed weeks approved by showing my job application emails and interview confirmations. The key is having documentation of your active job search. Also, once you file, you'll need to certify weekly going forward, so the sooner you start that process the better.
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