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Theodore Nelson

NY unemployment benefits during forfeit hearing - will they still pay while waiting?

Does anyone know if NY unemployment still pays benefits while you're waiting for a forfeit hearing? My situation is I reported some part-time work but there was a misunderstanding about the hours. Now they're saying I might have to forfeit 4 weeks of benefits from April 2025. I got a notice about a hearing scheduled for next month, but I'm really confused about whether they'll keep paying my regular benefits while this forfeit issue gets resolved? I really need the money right now and can't wait 6 weeks until the hearing. My claim specialist isn't calling me back and I've been trying for days.

In my experience, they usually continue paying your current benefits while a forfeit penalty is under appeal/hearing. The forfeit days/weeks only affect future claims if you're found responsible. They shouldn't stop your current payments just because there's a hearing scheduled - that would be premature punishment before a decision is made.

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Thank you!! That's such a relief to hear. I was panicking thinking they'd cut me off completely while waiting for the hearing.

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they might still pay but depends on why u got the forfiet in first place... if its fraud they can stop payments right away

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It's definitely not fraud! Just a mistake about reporting hours for a side gig I did. The form was confusing and I think I entered the wrong dates.

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This depends on the specific situation. For forfeit penalties due to non-fraudulent reporting errors (which sounds like your case), NYSDOL typically continues benefit payments while the hearing is pending. However, if they've issued a formal determination of willful misrepresentation or fraud, they may suspend payments immediately. You should check your online account message center to see if there's any determination notice that specifically mentions suspension of benefits. If not, payments should continue. For the hearing, gather any evidence that shows your mistake was unintentional - confusing instructions, screenshots of the reporting system, records of your work hours, etc. This will help your case significantly.

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I checked my message center and don't see anything about suspending payments, just the hearing notice. I'll start gathering those documents. Do you know if I should submit them before the hearing or just bring them with me?

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It's best to submit them ahead of time if possible. There should be instructions in your hearing notice about how to submit evidence. This gives the hearing officer time to review everything before your case. But also bring copies to the hearing as backup.

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I had a similar situation last year except mine was about some contract work I did. They kept paying me right up until the hearing. But my friend had his benefits stopped immediately when they suspected fraud (he didn't do anything wrong, just a mixup with his employer). So really depends if they've flagged it as potential fraud or just a regular mistake.

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THEY ARE ABSOLUTELY GOING TO STOP YOUR PAYMENTS!!! This EXACT thing happened to me in January and they cut me off for 2 MONTHS while waiting for the hearing!!! And guess what? At the hearing they decided it was just a simple mistake on my part and I should have been getting paid the whole time! But did I get backpay? YES but it took ANOTHER MONTH to process!!! The whole system is designed to make you give up. They WANT you to get frustrated and stop claiming. Don't let them win!!!

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not everyone has same experience tho, my cousin had hearing and they kept paying him the whole time

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Well aren't they SPECIAL!! The point is the system is TOTALLY INCONSISTENT and you can't count on anything!!

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After dealing with this unemployment system for months, I've found that getting through to an actual agent is the only way to get clear answers for your specific case. I was in a similar situation (different issue but also had a hearing) and was getting different answers from everyone I talked to. I finally tried Claimyr (claimyr.com) which got me through to an agent in about 20 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I spoke with confirmed they would continue my payments during the hearing process and also gave me tips on what documents to bring. Totally worth it to get a definitive answer directly from NYSDOL instead of stressing about it.

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I've never heard of that service before. Did you actually get through to a real person? I've been calling for days and either get disconnected or told to call back later.

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Yes, got through to an actual NYSDOL agent. The service basically navigates the phone system and waits on hold for you, then calls you when an agent picks up. Was skeptical at first but it worked for me when nothing else did.

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hey i noticed nobody asked this yet but how many forfeit days/weeks are they saying you have? that makes a difference too. if its only like 2-3 weeks they might let u keep getting paid but if its a lot more they might stop ur payments

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The notice says 4 weeks of forfeit, but I'm not even sure what that means exactly. Does that mean I lose 4 weeks of future benefits? Or do I have to pay back 4 weeks?

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Forfeit days/weeks mean you won't be able to collect that many days/weeks of benefits in the future. It's not about paying anything back - it's a penalty where you forfeit your right to future benefits for the specified period. For example, if you have 4 forfeit weeks and your current benefit year ends, then you file a new claim in the future, you would have to serve those 4 weeks without payment before you could start collecting on the new claim. This is different from an overpayment, where they actually ask you to return money already received.

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Oh that makes more sense! So I wouldn't have to pay anything back right now, it would just affect a future claim if I need to file again later? That's much better than I thought.

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One more important thing: make sure you keep certifying for benefits every week while waiting for your hearing, even if you're unsure about payments. If the hearing goes in your favor, you can only get paid for weeks you properly certified for. Missing certifications can't be made up later, even if you win your case.

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Thank you! I'll definitely keep certifying. I actually have my hearing coming up next Tuesday, so I'll update here with what happens in case it helps anyone else in a similar situation.

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When I worked at a grocery store last summer i made a mistake on my weekly certification and they put a hold on my claim but my payments didn't stop. It was a different type of issue than yours though. Good luck with your hearing!

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Just wanted to share my experience since I went through something similar about 6 months ago. I had a forfeit hearing for underreporting some freelance income (totally my mistake - the online form was confusing). They continued paying my regular weekly benefits the entire time while waiting for the hearing, which took about 5 weeks to schedule. The key thing is whether they've issued a formal "determination" yet. If it's just a hearing notice without a determination, they typically keep paying. At my hearing, I brought screenshots of the confusing parts of the reporting system and a timeline showing it was an honest mistake. The hearing officer was actually pretty understanding. I ended up with 3 forfeit weeks (which I'll have to serve if I ever file a new claim in the future), but I didn't have to pay anything back and my current benefits weren't interrupted. Make sure to bring any documentation that shows your mistake was unintentional - it really does help your case.

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This is really helpful to hear from someone who went through the exact same thing! It sounds like your situation was almost identical to mine. I'm definitely going to take screenshots of the confusing parts of the reporting system like you did. Did you submit those documents before the hearing or just bring them with you? Also, how long did it take after the hearing to get the final decision?

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I'm going through a similar forfeit hearing situation right now too! In my case, they've continued my weekly payments while the hearing is pending. I think the key difference is whether they suspect intentional fraud vs. just a reporting mistake. From what I've learned, if it's clearly an unintentional error (like yours sounds), they usually keep paying during the appeal process. The forfeit penalty only applies to future claims if you lose the hearing. One tip that helped me: when you're gathering evidence, also get a copy of your original work schedule or any communication with your employer that shows the hours you actually worked. This helped prove my mistake was just confusion about the reporting dates, not trying to hide income. Keep certifying every week like others mentioned - that's super important! And honestly, the fact that you're being proactive about gathering evidence and asking questions shows this wasn't intentional fraud, which should work in your favor at the hearing.

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This gives me so much hope! I'm glad to hear they're continuing your payments too. Getting documentation from my employer is a great idea - I actually have text messages with my supervisor about the schedule changes that week that might help show the confusion. Did you submit your evidence ahead of time or just bring it to the hearing? I'm worried about overwhelming them with too much paperwork but also want to be thorough.

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@Yuki Tanaka Those text messages sound perfect! I submitted my main documents a week before the hearing through their online portal there (was a link in my hearing notice ,)but I also brought physical copies as backup. I d'recommend submitting the key evidence early - like those text messages and your work schedule - but don t'worry about overwhelming them. The hearing officers see these cases all day and they re'used to sorting through documentation. Better to have too much evidence showing it was an honest mistake than not enough!

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I'm dealing with a very similar situation right now - got a forfeit hearing notice for misreporting some gig work hours. Based on what I've seen in my case and from calling around, they typically continue payments during the hearing process unless there's been a formal determination of fraud (which doesn't sound like your situation). The good news is that forfeit weeks are different from overpayments - you won't have to pay money back, you'd just lose those weeks from any future claim. Since yours sounds like an honest reporting mistake rather than intentional fraud, you have a good chance of getting it reduced or dismissed entirely. I'd definitely recommend trying to get through to an actual agent to confirm your specific situation. The automated system and online messages don't always give the full picture. And like others said, keep certifying every week no matter what - you can only get backpay for weeks you properly certified for if things get delayed.

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Thanks for sharing your experience! It's really reassuring to hear from someone going through the exact same thing. I've been so worried about this, but it sounds like as long as it's clearly a mistake and not fraud, they should keep paying while the hearing is pending. I'm definitely going to try harder to get through to an actual agent to confirm my specific case. The waiting and uncertainty is the worst part of this whole process!

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I went through a forfeit hearing about 8 months ago for a similar reporting error with part-time work. In my case, they absolutely continued paying my regular weekly benefits throughout the entire hearing process. The key thing to look for is whether you've received any official "determination" notice that specifically mentions stopping payments - if you only got the hearing notice, you should keep getting paid. My advice: document everything that shows your mistake was unintentional. I brought printouts of the confusing reporting interface, my actual work records, and even emails with the unemployment office showing I was trying to report correctly. The hearing officer appreciated seeing that I wasn't trying to hide anything. Also, don't panic if the hearing gets rescheduled - mine was pushed back twice, but payments continued the whole time. The whole process took about 8 weeks total, but I never missed a payment. Keep certifying every single week though - that's crucial for getting any backpay if there are delays. Your situation sounds very similar to mine, and I ended up with just 2 forfeit weeks (which only matter for future claims). The hearing officers deal with genuine mistakes vs. fraud all the time, so being upfront about the confusion will work in your favor.

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