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.
21 comments
AaliyahAli
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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Theodore Nelson
•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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Ellie Simpson
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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Theodore Nelson
•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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Arjun Kurti
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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Theodore Nelson
•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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Arjun Kurti
•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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Raúl Mora
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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Margot Quinn
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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Ellie Simpson
•not everyone has same experience tho, my cousin had hearing and they kept paying him the whole time
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Margot Quinn
•Well aren't they SPECIAL!! The point is the system is TOTALLY INCONSISTENT and you can't count on anything!!
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Evelyn Kim
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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Theodore Nelson
•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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Evelyn Kim
•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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Diego Fisher
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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Theodore Nelson
•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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AaliyahAli
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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Theodore Nelson
•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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Arjun Kurti
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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Theodore Nelson
•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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Raúl Mora
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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