How to refile for unemployment after my NYS Department of Labor claim expired
My unemployment benefits ran out in December and I've been working part-time since then, but now my hours got cut to almost nothing. I need to refile for unemployment but I'm not sure if I go through the same process or if there's a different way to restart my claim with NYS Department of Labor. Do I have to wait a certain amount of time before I can file again? My old claim shows as 'benefit year ended' when I log into my.ny.gov. Anyone know the steps for refiling?
16 comments

Aurora St.Pierre
You'll need to file a new claim entirely since your benefit year ended. Go to labor.ny.gov and click on 'Unemployment Insurance' then 'File a Claim.' It's basically the same process as when you first filed, but you'll need to report all the work you did since your last claim ended. Make sure you have your recent pay stubs and employer information ready.
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Christopher Morgan
•Thanks! Do I need to wait until I'm completely unemployed or can I file while still working the reduced hours?
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Grace Johnson
I had to refile last year after my claim expired. The process was pretty straightforward but it took about 2 weeks before I got my first payment. One thing that held me up was not having all my employer info from the jobs I worked between claims. NYS Department of Labor needs everything documented.
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Jayden Reed
•Same here, they asked for so much documentation about the work I did between claims. Keep all your pay stubs!
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Nora Brooks
You can file even if you're still working reduced hours. NYS Department of Labor has partial unemployment benefits if you're working less than 4 days a week or earning under a certain amount. When you refile, just make sure to report your current employment situation accurately. The system will calculate if you qualify for partial benefits.
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Eli Wang
I've been trying to get through to NYS Department of Labor for weeks about my refile situation but their phone lines are impossible. Does anyone know a better way to reach them? I need to ask about my specific situation before filing.
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Cassandra Moon
•I found this service called Claimyr that helped me get through to a real NYS Department of Labor agent when I couldn't reach them myself. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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Zane Hernandez
wait so if my claim expired do I lose all my remaining weeks?? I thought I had like 10 weeks left when it ended in November
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Aurora St.Pierre
•Unfortunately yes, any unused weeks from your previous benefit year are gone once the year expires. When you refile, you'll get a new benefit year with new eligibility requirements based on your recent work history.
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Mae Bennett
Just went through this process myself a few months ago. One tip that really helped - before you file the new claim, gather all your W-2s and 1099s from the past 18 months, not just since your last claim ended. NYS Department of Labor looks at your entire recent work history to determine your new benefit amount. Also, if you worked in multiple states during that time, you might need to file in the state where you earned the most wages. The online system will walk you through it, but having all your documents ready makes it much smoother.
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Harmony Love
•This is really helpful advice! I'm in a similar situation and hadn't thought about gathering documents going back 18 months. Quick question - when they calculate the new benefit amount, do they use the higher of your old benefit amount or the new calculation based on recent wages? Or is it always based on the new calculation regardless of what you were getting before?
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Giovanni Mancini
•It's always based on the new calculation using your recent work history, not your old benefit amount. The system looks at your wages from the past 4-5 quarters to determine your new weekly benefit amount and total eligibility. So if you earned more in recent work, your benefits could actually be higher than before, but if you earned less (like working part-time), they'll likely be lower. The good news is the online calculator on labor.ny.gov can give you an estimate before you file so you know what to expect.
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Kayla Morgan
•@Harmony Love It s'always based on the new calculation using your recent work history, not your old benefit amount. So if you earned more in recent jobs, your new weekly benefit could be higher than before. But if you earned less or worked fewer hours, it could also be lower. The system doesn t'give you the option to keep your old rate - it recalculates everything fresh based on your wages from the past 18 months.
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Lucas Adams
•@Harmony Love It s'always based on the new calculation using your recent work history - they don t'give you the higher of the two amounts. Your new benefit amount could be higher or lower than your previous claim depending on how much you earned during the base period they look at typically (the first 4 of the last 5 completed quarters .)So if you worked consistently and earned decent wages between claims, your new amount might actually be higher than before!
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Nia Davis
•It's always based on the new calculation using your recent work history, not your previous benefit amount. So if you earned more in recent jobs, your new weekly benefit could be higher than before. But if you earned less or worked fewer hours, it could also be lower. The system doesn't give you the "better" of the two - it's strictly based on your wages during the base period for the new claim, which is typically the first 4 of the last 5 completed calendar quarters before you file.
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Amina Toure
•@Harmony Love It s'always based on the new calculation using your recent work history - they don t'give you the higher of the two amounts. Your new weekly benefit amount will be calculated from the wages you earned in your base "period which" is typically the first 4 of the last 5 completed calendar quarters before you file. So if you were making more money in your recent jobs compared to when you first filed, your benefit amount could actually go up. But if you were making less or working fewer hours, it could be lower than your previous claim. The system recalculates everything fresh based on your current qualifying wages.
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