NY unemployment backpay request denied twice - agent gave misleading info?

Unfortunately, NYSDOL is really strict about backdating claims right now. The most common acceptable reasons are: 1) you were physically unable to file (hospitalized), 2) DOL website/phone system was down and documented, or 3) you received incorrect information from a DOL employee (and can prove it). "Didn't know I could file" usually isn't accepted as a valid reason, sadly. Did the first agent specifically tell you your reason would be approved, or just that you could submit the request?

same thing happened to me!!! DOL is THE WORST! i waited 5 weeks to apply cause i thought id get called back to my old job & they denied my backpay too. the whole system is rigged against us tbh

I went through this exact situation last month and eventually got my backpay approved after my THIRD request. The key was getting detailed documentation. I requested my phone records showing I called NYSDOL during the period before I applied (I had called for information but couldn't get through). I also got a letter from my former employer confirming my last day and that they had told me to "check on unemployment options" without specifying how/when. Finally, I wrote a very detailed timeline of everything I did between losing my job and applying. It took persistence but it worked! Don't give up yet.

have u tried talking to a supervisor? sometimes the regular agents don't know all the rules or give bad info

I work helping people with their unemployment claims, and backpay requests are notoriously difficult right now. Here's what you need to know: 1. NY unemployment law requires you to apply for benefits as soon as you become unemployed - there's actually no guaranteed right to backdating 2. The acceptable reasons for backdating are very limited and "not knowing" unfortunately isn't usually considered valid unless there was a system error or official misinformation 3. That said, I've seen backdating approved when people can prove their delay was due to: - Technical issues with the NYSDOL system (with screenshots/documentation) - Incorrect information from an employer or DOL staff (with written evidence) - Physical/mental incapacity (with medical documentation) Your best option now is to request a formal hearing where you can present your case to an administrative law judge. You need to do this within 30 days of your last denial notice. The success rate is higher with hearings than with the initial requests.

When I had problems getting through to an actual person at NYSDOL about my backpay issue, I ended up using a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I finally spoke with explained that backpay requests need very specific documentation, and that many agents don't explain the requirements clearly. She walked me through exactly what to submit, and while my request wasn't automatically approved, I did get scheduled for a hearing where I was able to present my case. It saved me so much frustration compared to trying to figure it out alone.

yea i think the whole backpay thing is bs. they hope people give up. my neighbor waited 7 months for backpay hearign and finally won but had to provide tons of evidence. its not easy

One more important thing to know: if you request a hearing and win, they'll not only pay the backdated weeks but also any penalty interest that's accrued. In 2025, they're required to pay 12% interest on wrongfully withheld benefits if you win your case. Make sure to specifically request this at your hearing if you go that route.

The DOL website is SO confusing too!!! nowhere does it clearly say you have to apply immediately or lose those weeks. they should have to put that in HUGE LETTERS on the homepage!!