How long does it take to appeal unemployment decision from NYS Department of Labor?
My unemployment claim got denied two weeks ago and I filed an appeal right away through the NYS Department of Labor website. The denial letter said I was disqualified for 'misconduct' but I was actually laid off due to budget cuts at my company. I submitted all my documentation including my termination letter and severance paperwork. Does anyone know how long the appeal process usually takes? I'm getting really stressed about my bills and need to know if I should look for other options while waiting.
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Gabrielle Dubois
Appeals typically take 4-8 weeks from the time you file to get a hearing scheduled. The actual hearing can take another 2-4 weeks after that for a decision. Make sure you keep filing your weekly claims during the appeal process even though you're not getting paid - if you win the appeal you'll get back pay for those weeks.
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Dmitri Volkov
•Thank you! I've been filing my weekly claims but wasn't sure if that was the right thing to do. Should I be worried that it's taking so long already?
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Tyrone Johnson
mine took 6 weeks to get a hearing date then another 3 weeks for the decision... ended up being like 2 months total but i did win and got all my back pay
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Ingrid Larsson
The timeline really depends on how backed up the hearings are. Right now they're running about 6-8 weeks for the initial hearing. If you have clear documentation showing you were laid off and not fired for misconduct, that's good. Make sure you have copies of everything - your termination letter, any emails about the layoff, witness statements if possible. The burden is on NYS Department of Labor to prove misconduct, not on you to prove you didn't do anything wrong.
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Dmitri Volkov
•That's really helpful to know about the burden of proof. I have emails from HR about the company-wide layoffs so hopefully that will be enough evidence.
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Carlos Mendoza
UGH the whole appeals process is such a nightmare. I've been waiting 7 weeks for my hearing and still nothing. The NYS Department of Labor phone system is impossible to get through to check on anything. How are we supposed to live while they take their sweet time deciding if we deserve benefits??
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Zainab Mahmoud
•I had the same problem trying to reach someone at NYS Department of Labor about my appeal status. Someone on here mentioned Claimyr (claimyr.com) which actually got me through to an agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone about your case.
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Carlos Mendoza
•Never heard of that but at this point I'm willing to try anything to get some answers about when my hearing will be scheduled.
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Ava Williams
I won my appeal last year and the whole process took about 10 weeks from filing to getting my decision letter. The hearing itself was only about 20 minutes over the phone. The judge asked me to explain what happened and asked a few questions about the company's layoff procedures. Having documentation definitely helped - I think that's what made the difference in my case.
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Raj Gupta
wait so you can still file weekly claims even when you're denied? i thought once they deny you that's it until the appeal is decided
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James Martinez
•Yes, you definitely should keep filing your weekly claims during the appeal! I made that mistake when I first got denied and didn't file for 3 weeks - turns out even though I won my appeal, I couldn't get back pay for those weeks I didn't file. The system is confusing but you have to keep certifying even when you're not getting payments.
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Andre Rousseau
I'm going through a similar appeal process right now - got denied 3 weeks ago for "voluntary quit" even though I was actually terminated. From what I've been reading here and on other forums, the 4-8 week timeline seems pretty accurate for getting a hearing scheduled. One thing that's been really helpful for me is keeping detailed records of every interaction with NYS DOL, including dates I filed weekly claims and any correspondence. Also make sure to check your online account regularly because sometimes they update hearing dates there before sending mail notifications. The waiting is definitely stressful but it sounds like you have good documentation which should work in your favor.
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