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Malik Jenkins

My unemployment appeal was reversed now what - NYS Department of Labor next steps?

I'm completely lost right now. I had my unemployment appeal hearing last month and the administrative law judge just reversed the original decision that denied my benefits. The hearing officer said I was wrongfully disqualified because my former employer couldn't prove I was fired for misconduct. Now I'm getting all these confusing letters from NYS Department of Labor and I don't understand what happens next. Do I automatically get my back pay? Do I need to file new weekly claims? The paperwork doesn't explain anything clearly and I'm worried I'm going to mess something up and lose my benefits again.

Congratulations on winning your appeal! When an appeal is reversed in your favor, NYS Department of Labor should automatically process your back pay for all the weeks you were wrongfully denied. You'll need to continue filing your weekly claims as normal going forward. The back pay usually takes 2-3 weeks to process after the reversal decision is entered into their system. Make sure you keep filing weekly claims even while waiting for the back pay.

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Thank you! Should I be doing anything specific with my job search log during this time? I kept looking for work even when I was denied but I'm not sure if I documented everything properly.

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omg same thing happened to me last year!! i was so confused by all the paperwork too. the back pay did come but it took forever, like almost a month. just keep filing your weekly claims no matter what

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Did you have to do anything special to get the back pay or did it just show up automatically in your account?

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it just showed up one day as a big deposit, but i had to call them to make sure they calculated it right because it seemed low at first

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You need to verify that NYS Department of Labor has updated your claim status in their system. Sometimes there's a delay between the appeal decision and when they actually process the reversal. I'd recommend calling them to confirm they've received the hearing officer's decision and that your claim is now active. If you're having trouble getting through on the phone, you might want to check out claimyr.com - they have a service that helps people reach NYS Department of Labor agents without waiting on hold. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.

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How do you know if they've actually updated your status? My appeal was reversed two weeks ago and I still don't see any changes in my online account.

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Your online account should show your claim as active again, and your payment history should reflect that you're now eligible for the weeks you were previously denied. If it's been two weeks and nothing has changed, definitely call them.

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The NYS Department of Labor system is so broken it's ridiculous. Even when you WIN an appeal they make it impossible to figure out what's happening. I've seen people wait months for their back pay even after a successful appeal. Keep detailed records of everything because they'll probably screw something up and you'll need proof of what you're owed.

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this is so true, they make everything unnecessarily complicated even when they're the ones who made the mistake in the first place

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Make sure you understand exactly what weeks you're entitled to back pay for. The reversal should cover from your original filing date through when the appeal was decided, minus any weeks you might have worked or had other disqualifying factors. Also, be aware that the back pay will likely be subject to taxes, so don't spend it all assuming it's your full amount.

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Oh no, I didn't think about taxes! Do they automatically take taxes out of the back pay or do I need to handle that myself when I file next year?

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They should give you the option to have taxes withheld, just like with regular weekly benefits. Check your tax withholding preferences in your online account to make sure they're set up the way you want.

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Hey Malik! I went through a similar situation about 6 months ago. One thing I wish someone had told me is to start documenting everything NOW - screenshot your online account status, save all the letters you're getting, and keep a record of when you filed each weekly claim. When I got my reversal, there was a discrepancy in how many weeks they calculated for my back pay, and having all that documentation saved me from losing out on about $800. Also, don't panic if your online account looks weird for a few days - sometimes it takes their system a bit to catch up with the appeal decision. The back pay should definitely come automatically, but it might show up as separate deposits rather than one lump sum.

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This is really helpful advice! I definitely need to start documenting everything better. Quick question - when you say there was a discrepancy in the back pay calculation, how did you figure out what the correct amount should have been? I'm worried I won't even know if they get it wrong since all these benefit calculations are so confusing to me.

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