How to request a hearing for unemployment benefits denial - NYS Department of Labor appeal process?
My unemployment claim got denied last week and I received a determination letter from NYS Department of Labor saying I was disqualified for misconduct. I completely disagree with their decision - I was let go because of budget cuts, not anything I did wrong. The letter mentions I can request a hearing but I'm confused about the process. Does anyone know how to actually request a hearing for unemployment benefits? Is there a specific form I need to fill out or can I just call them? I'm worried about missing the deadline since the letter says I only have 30 days to appeal.
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Oliver Cheng
You need to file an appeal within 30 days of the determination date on your letter. You can do this online through your my.ny.gov account or by mailing the appeal form. Look for the 'Request a Hearing' option in your unemployment account. Make sure you explain why you disagree with their decision and include any documentation that supports your case.
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Ashley Simian
•Thank you! I found the hearing request option in my account. Should I upload documents now or wait until the hearing?
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Taylor To
I went through this same process 6 months ago when NYS Department of Labor said I quit voluntarily but I was actually laid off. The hearing was conducted over the phone and lasted about 45 minutes. The administrative law judge asked me detailed questions about what happened. Make sure you have all your documentation ready - termination letter, emails, anything that proves you didn't commit misconduct.
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Ashley Simian
•Did you win your appeal? I'm nervous about explaining everything to a judge over the phone.
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Taylor To
•Yes I won! The key was having my termination letter that clearly stated 'position eliminated due to restructuring.' Just stick to the facts and don't get emotional.
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Ella Cofer
Getting through to NYS Department of Labor to ask questions about the hearing process was impossible for me. Their phone lines are always busy and the online chat never worked. I ended up using a service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor who walked me through the whole appeal process. They have a demo video at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Saved me hours of frustration trying to get answers.
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Kevin Bell
•Never heard of that service before. Did they charge you a lot?
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Ella Cofer
•They focus on getting you connected rather than being expensive. Worth it to actually talk to someone who could explain the hearing timeline and what to expect.
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Savannah Glover
ugh the whole appeals process is such a mess... i had to wait 8 weeks for my hearing date and then the employer didn't even show up! but i still had to go through the whole thing and answer all their questions. at least i got approved after that but what a waste of time
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Ashley Simian
•8 weeks?? I can't wait that long without income. Do they backpay you if you win the appeal?
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Oliver Cheng
•Yes, if you win your appeal you'll receive retroactive payments back to when you first filed your claim. That's why it's important to keep filing your weekly claims even while the appeal is pending.
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Felix Grigori
Make sure you keep filing your weekly claims during the appeal process! I made the mistake of thinking I didn't need to since my claim was denied. When I won my hearing, I lost out on several weeks of benefits because I hadn't been certifying. Also, prepare a timeline of events leading up to your termination - the judge will want specific dates and details.
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Ashley Simian
•Good point about the weekly claims. I'll make sure to keep doing those. Thanks for the timeline tip too!
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Felicity Bud
same thing happened to my cousin but with a different reason for denial... the whole system is set up to deny people first and make you fight for what you deserve
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Maria Gonzalez
I just went through this exact same situation 3 months ago! Here's what worked for me: First, don't panic about the 30-day deadline - you have time. Go to your ny.gov unemployment account and look for "Appeals" or "Request Hearing" - it should be pretty obvious once you're logged in. When you fill out the appeal, be very specific about why the misconduct determination is wrong. In my case, I attached my termination letter and an email from HR confirming it was a layoff due to company restructuring. The hearing itself was actually easier than I expected - just be honest and stick to the facts. Also, definitely keep certifying for weekly benefits even while your appeal is pending, because if you win, you'll get all that back pay. The whole process took about 6 weeks for me from filing the appeal to getting the decision, and I did win. You got this!
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