How to withdraw an appeal for unemployment benefits with NYS Department of Labor?
I filed an appeal with NYS Department of Labor about 2 weeks ago for my disqualified unemployment claim, but now I realize I might have been wrong about my situation. My former employer actually had good reason for letting me go and I don't think I'll win the hearing. I'm worried that going through with this appeal might make things worse for me if I apply for benefits again in the future. Is there a way to withdraw my appeal before the hearing? I can't find anything on the my.ny.gov website about canceling an appeal once it's been submitted.
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Sofia Martinez
Yes, you can withdraw your appeal before the hearing takes place. You need to contact the NYS Department of Labor Appeals Office directly and request a withdrawal in writing. You can either send a letter or email stating that you want to withdraw your appeal and include your case number. The withdrawal will restore your original disqualification decision, but it won't create any additional penalties.
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Dylan Mitchell
•Thank you! Do you know if withdrawing will affect my ability to file for benefits later if I become unemployed again? I'm just worried about having this on my record.
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Dmitry Volkov
i withdrew mine last year, just called the appeals number and they sent me a form to fill out. took like a week to process and everything went back to how it was before i appealed
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Ava Thompson
•Actually, you should try using Claimyr to get through to the Appeals Office faster. I used their service at claimyr.com when I needed to reach someone about my hearing date. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than trying to call yourself and getting busy signals all day.
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CyberSiren
Wait why would you withdraw? Even if you think you might lose its worth trying. The worst that happens is they uphold the disqualification which is what you already have. I dont understand giving up before you even try to fight it.
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Dylan Mitchell
•I get what you're saying, but honestly after looking at the facts again I know I was fired for cause. I don't want to waste everyone's time with a hearing I can't win.
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Miguel Alvarez
•That's actually smart thinking. Better to withdraw than go through a hearing where you might say something that hurts your case even more.
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Zainab Yusuf
Make sure you get confirmation that your withdrawal was processed! I know someone who thought they withdrew but the hearing still happened and they got penalized for not showing up. Always get everything in writing with NYS Department of Labor.
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Gabriel Ruiz
I went through something similar last year. You definitely want to get your withdrawal request in writing - don't just call. I sent an email to the Appeals Office with my case number and a clear statement that I wanted to withdraw my appeal. They responded within a few business days confirming the withdrawal. Just make sure to keep copies of all correspondence for your records. The withdrawal doesn't create any negative marks beyond what you already had from the original disqualification.
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Aisha Rahman
•This is really helpful advice about getting everything in writing. @Gabriel Ruiz did you email them at a specific address or just use the general contact form on the website? I want to make sure I m'sending my withdrawal request to the right place so there s'no confusion.
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Dominic Green
•@Gabriel Ruiz Do you remember approximately how long the whole withdrawal process took from when you sent the email until you got final confirmation? I m'trying to figure out if I need to worry about my hearing date coming up soon or if they ll'process the withdrawal quickly enough.
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Chloe Robinson
•@Gabriel Ruiz I m'in a similar situation and really appreciate you sharing your experience. Did you have to provide any specific reason for withdrawing your appeal, or was it enough to just state that you wanted to withdraw? Also, did they send you any kind of official document confirming the withdrawal, or was it just an email response?
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Giovanni Colombo
•@Gabriel Ruiz That s'really good to know about getting written confirmation! I m'curious - when you withdrew your appeal, did it affect your ability to file a new claim later on when you became unemployed again? Or does the withdrawal just put you back to square one like the original poster was asking about?
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Liam O'Sullivan
•@Gabriel Ruiz Thanks for sharing your experience! I m'wondering about the timing too - if someone has a hearing scheduled soon, do you know if the Appeals Office will automatically cancel the hearing once they process the withdrawal request? Or do you need to specifically ask them to cancel the hearing date as well when you submit your withdrawal?
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Javier Garcia
•@Gabriel Ruiz I used the general Appeals Office email that s'listed on their website. They were pretty responsive - the whole process took about 5 business days from when I sent my withdrawal email until I got the final confirmation. You don t'need to give a specific reason, just state clearly that you want to withdraw your appeal and include your case number. They sent me an official letter in the mail confirming the withdrawal, plus an email acknowledgment. And yes, once they process the withdrawal, they automatically cancel your scheduled hearing - you don t'need to make a separate request for that.
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Ethan Wilson
Just want to add that withdrawing your appeal is definitely the right move if you're certain about your situation. I had a similar experience where I realized I didn't have a strong case after filing my appeal. The key thing to remember is that withdrawing doesn't hurt you any more than the original disqualification already did. When you do apply for benefits in the future (assuming it's for a legitimate reason), they'll evaluate that new claim on its own merits. The previous disqualification won't automatically disqualify you from future benefits as long as your next job separation is qualifying. Just make sure to follow the advice others gave about getting everything in writing and keeping records of your withdrawal request.
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