Is it too late to get unemployment back pay from NYS Department of Labor?
I think I made a huge mistake and didn't file for unemployment when I should have. I got laid off back in September 2024 but thought I'd find work quickly so I never filed a claim with NYS Department of Labor. It's been 4 months now and I'm still unemployed. I just found out that you might be able to get back pay for unemployment benefits. Is it too late for me to file now and get those months I missed? I really need that money to catch up on bills. Has anyone successfully gotten back pay after waiting this long to file their initial claim?
11 comments


Giovanni Greco
You can still file a claim, but back pay is limited. NYS Department of Labor only allows you to backdate a claim up to 4 weeks from when you file, not all the way back to September. You should file immediately though - every day you wait is money you're losing. When you file your initial claim, there will be an option to request backdating but you'll need to provide a good reason for the delay.
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Amara Eze
•So I can only get 4 weeks back? That's like $2000 I'm missing out on. Is there any way to appeal for more time or explain that I didn't know about the backdating rules?
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Fatima Al-Farsi
File your claim TODAY. Don't wait another minute. The 4-week backdate rule is pretty strict but there are some exceptions. If you can prove you had good cause for not filing earlier (like you were given wrong information about your eligibility or had medical issues), they might consider a longer backdate. You'll need documentation though. Start your application on my.ny.gov right now.
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Dylan Wright
•what counts as good cause tho?? i waited 6 weeks to file mine and they only gave me 3 weeks back even though i asked for all 6
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Sofia Torres
Had this exact same situation last year. I waited 3 months thinking I'd find something and ended up only getting 4 weeks backpay when I finally filed. The adjudication process took forever too because they had to verify my employment history from so long ago. Just wish someone had told me you don't lose anything by filing early - you can always stop claiming if you find work.
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Amara Eze
•That's exactly my situation! I kept thinking I'd get hired any day. How long did your adjudication take?
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Sofia Torres
•About 6 weeks for adjudication. They had to contact my former employer to verify my last day of work and wages. It was a nightmare trying to get through to anyone at NYS Department of Labor during that time.
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GalacticGuardian
I had similar issues getting through to NYS Department of Labor when my claim was stuck in adjudication. Someone on here recommended Claimyr (claimyr.com) and it actually worked. They got me connected to an actual agent who could check my claim status and explain the backdate decision. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth trying if you need to talk to someone about your specific situation.
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Dmitry Smirnov
•Never heard of that service before but honestly anything that helps get through to NYS Department of Labor sounds good to me. Their phone system is impossible.
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Ava Rodriguez
The whole system is ridiculous!! Why should there be a time limit on filing when you lost your job through no fault of your own? I understand preventing fraud but 4 weeks is nothing when you're dealing with job loss and don't know all the rules. At least file now OP and see what they give you - something is better than nothing.
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Romeo Quest
Don't beat yourself up about waiting - a lot of people make the same mistake thinking they'll find work quickly. The 4-week backdate limit is frustrating but definitely file your claim ASAP. When you apply, make sure to request the maximum backdate and provide any documentation you can about your layoff date. Even if you only get 4 weeks back, that's still significant money. Also, once you start receiving benefits, you'll at least have some income coming in while you continue your job search. The key is to not lose any more time - file today if possible.
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