How long does NYS Department of Labor unemployment appeal decision take - been waiting 6 weeks
Filed an appeal with NYS Department of Labor after getting denied for unemployment benefits back in November. They said I was fired for misconduct but that's completely wrong - I was laid off due to company downsizing. It's been 6 weeks since I submitted all my paperwork and I haven't heard anything back. My appeal confirmation letter just says 'processing time varies' which isn't helpful at all. Anyone know how long these appeal decisions actually take? I'm running out of savings and really need to know if I should expect this to drag on for months.
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Nick Kravitz
Appeal decisions can take anywhere from 4-12 weeks depending on the complexity of your case and how backed up the hearing officers are. Since you're disputing a misconduct determination, they'll likely want to review documentation from your employer too. Make sure you have your layoff notice, any severance paperwork, or emails about the downsizing ready in case they schedule a hearing.
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Samantha Johnson
•I have all that stuff saved. Do they always do hearings or sometimes just decide based on paperwork?
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Hannah White
my appeal took 3 months last year and that was for a much simpler issue than yours. the system is just slow
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Michael Green
For misconduct appeals, NYS Department of Labor usually schedules telephone hearings where both you and your former employer can present evidence. The hearing officer will review all documents and testimony before making a decision. Given the current backlog, 8-10 weeks is realistic for your type of case. You should receive a hearing notice at least 7 days before your scheduled hearing date.
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Samantha Johnson
•That's actually helpful to know there's usually a hearing. At least I'll get to explain my side directly.
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Mateo Silva
I had to appeal a similar misconduct denial and it was a nightmare trying to get status updates. Called NYS Department of Labor probably 50 times and could never get through to anyone who could tell me where my case stood. The whole system is set up to frustrate you into giving up. Eventually got approved after 4 months but only because I had a union rep helping me.
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Victoria Jones
•Actually had luck using claimyr.com to get through to someone at NYS Department of Labor about my appeal status. They have a service that handles the calling for you - there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Way better than sitting on hold for hours myself.
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Cameron Black
Wait, I'm confused about appeals vs adjudication? I thought adjudication was the appeals process? My claim has been in adjudication for weeks and I don't know if I need to file a separate appeal or what.
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Nick Kravitz
•Adjudication happens before any denial - that's when they're still reviewing your initial claim. Appeals come after you get a formal denial decision. Sounds like your claim is still in the initial review phase.
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Jessica Nguyen
Been there! The waiting is the worst part honestly.
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Marcus Patterson
I went through a similar appeal for misconduct denial last year - took about 10 weeks total from filing to decision. The key thing that helped my case was having documentation showing the layoff was company-wide, not just me. If you have any emails about the downsizing, company announcements, or even news articles about your employer's financial difficulties, make sure to submit those. Also, if any coworkers were laid off around the same time, their contact info could be useful as witnesses. The hearing officer really focused on whether there was a pattern of layoffs vs. individual termination in my case.
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Niko Ramsey
•Thanks for the tip about company-wide documentation! I actually do have the email announcing the layoffs that went to all employees, plus a news article about the company cutting 200 jobs. Should I submit those now or wait until the hearing? Also wondering if I should try to contact some of my former coworkers who were also laid off - would their statements help even if they didn't get denied like I did?
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