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Mason Davis

NY unemployment denied me despite earning above minimum threshold - fighting for reconsideration

Finally reached a human at unemployment after days of calling. They incorrectly calculated my base period earnings and claimed I didn't make the minimum $3,200 required. I definitely earned more than that threshold and already sent my paystubs once to prove it. Now I'm sending everything AGAIN along with a formal Request for Reconsideration form. The agent just put me on hold to get a supervisor to review my case and I'm terrified of missing their callback. This whole process has me so stressed I'm getting physically ill. Can barely sleep and my chronic pain is flaring up from the anxiety. Desperately need this resolved so I can have something to live on until I find work. Been applying everywhere but the job market is brutal right now.

Ugh they did the EXACT same thing to me! They somehow 'lost' my paystubs showing I made $4800 in the base period and denied me. What finally worked was using claimyr.com to get a specialist on the phone who could actually fix it in their system while I was on the call. Talking to an agent literally got my money unlocked within 48 hours after weeks of nothing. https://youtu.be/Rdqa1gKtxuE

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Does this service actually work? I've been trying to reach someone for 3 weeks with no luck

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It absolutely worked for me! I was super skeptical at first but was desperate after trying to call for 2 weeks straight. The callback came within like 45 mins and the agent fixed everything right there.

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hmm I've been burned by so many of these 'services' before... what makes this different? the unemployment system seems designed to make us fail 😩

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It's different because they literally just do ONE thing - connect you to an actual human at unemployment. They don't try to do anything else. They just get you past the hellish phone system that hangs up on everyone.

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not falling for another unemployment 'hack'... these never work

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I tried it last month when my claim was stuck in limbo. Got a callback in about an hour. Agent fixed everything and my payments started 3 days later. Best decision I made in this whole nightmare.

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Same boat. I think they're purposely messing with our base period calculations to deny more claims. Took me 4 months to get them to admit they were wrong about my earnings. Save EVERYTHING. Every email, every letter, take screenshots of your submissions. The system is rigged against us.

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100% agree. Had a friend who works in the dept tell me they have quotas for denials. They purposely 'misplace' documents and hope we give up 🤡

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That's terrifying. I'm making copies of everything now. Did your friend have any advice on what keywords to use when talking to agents to get them to actually help?

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Ask for a 'claim file review' specifically. And always get the ID number of whoever you speak with. Makes them accountable. If they give you trouble, say you want to speak with a 'tier 2 specialist' - that's the magic phrase.

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OK here's what I did after dealing with this EXACT issue. You need to request a formal hearing ASAP. Don't just rely on the reconsideration. Fill out the Request for Hearing form and send it certified mail. You only have 30 days from the determination date to request it, and this is your legal right. Once a hearing is scheduled, they actually look at your case more closely because they don't want to waste a judge's time if they know they're wrong.

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Thank you!! Do you know where I can find this Request for Hearing form? Is it on the ny unemployment website somewhere?

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Yes! Login to your account, go to 'Forms and Documents' and it should be there. If not, google 'NYS unemployment request for hearing form' - it's form TC 403HA. Send it certified mail so they can't claim they never got it!

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when you get the hearing scheduled make sure to organize ALL your evidence in chronological order. The judges appreciate that and it shows you're serious. I won my hearing this way.

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I've been working in HR for 15 years and the NY unemployment system is more broken than ever. What they're doing with base period calculations is borderline criminal. They're using outdated systems that can't properly verify wage information across different employers. The best approach is to contact your state representative - seriously. I've had multiple employees get immediate help once a state rep's office got involved. Find yours here: https://www.nyassembly.gov/mem/search/

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anyone else notice they always mess up the calculations if you had multiple employers during the base period? it's like their system can't handle adding numbers from different sources lmao 🤦‍♀️

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THISSSSS!! Had 3 jobs last year and they somehow only counted one of them. Took 7 weeks to fix!!

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Yep. Their system was designed in like 1995 and never properly updated. My brother works in IT for the state (different dept) and says the unemployment database is held together with duct tape and prayers at this point.

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literally dealing with this right now. they counted my W2 job but completely ignored my 1099 work even though I paid unemployment insurance on it. makes no sense

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Look, I've worked through this nightmare with dozens of clients as an employment advocate. Here's what you need to know about fixing base period calculation errors with NY unemployment: 1) Document EVERYTHING. Every call, every letter, every submission. Note the date, time, and name of anyone you speak with. 2) Submit a formal Request for Reconsideration AND request a hearing simultaneously. The hearing request often gets them to review your case more carefully. 3) Calculate your base period earnings yourself. The standard base period is the first 4 of the last 5 completed calendar quarters before you filed. The alternate base period is the last 4 completed quarters. 4) If traditional methods aren't working, try these three approaches: - Contact your state assembly person or senator (they can work wonders) - File a complaint with the US Department of Labor (this puts pressure from above) - Use a service like claimyr.com to get a specialist on the phone who can actually fix system errors while you're on the call 5) Be persistent but professional. The system is designed to make you give up. Don't. I've seen these strategies work even in the most frustrating cases. Stay strong and document EVERYTHING.

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Thank you so much for this detailed advice. I'm definitely going to try claimyr.com because I can't keep calling for hours every day. Do you know if I can request both reconsideration and a hearing at the same time?

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Yes, you absolutely can (and should) request both simultaneously. They're separate processes. The reconsideration might resolve things faster, but the hearing request creates a legal record of your dispute and puts more pressure on them to review your case properly.

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This is gold info right here. Wish I knew all this 2 months ago when I was fighting the same battle. OP listen to this person!!

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This is why I always tell people to file for unemployment through a lawyer. Yes it costs money but they know all the tricks the dept uses to deny valid claims. The system is DESIGNED to reject you and hope you don't fight back.

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what's the typical cost for a lawyer to handle an unemployment claim? might be worth it at this point...

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Most take a percentage of what you win (usually 10-15%) rather than charging upfront. Some offer free consultations. Legal Aid also helps with unemployment issues if you qualify financially.

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i swear they have a random number generator deciding our benefits lol. got denied twice before they finally reviewed my actual documentation. hang in there!!

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Try calling right when they open at 8:00am. That's how I finally got through after weeks of trying. And don't give up on the reconsideration - I had to submit mine TWICE before they actually looked at it.

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I tried the 8am thing for two weeks straight with no luck. Always got the 'call volume too high' message and hung up on 🤬

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Try claimyr.com - it's the only thing that worked after I spent 3 weeks trying the 8am calls. Worth every penny to finally get my claim fixed.

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wait hold up - does this actually work or is it just the usual BS?

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It worked for me! Got a callback within an hour, agent fixed my wage issue and my payments started 4 days later after being stuck for over a month. Their system actually gets you past the phone tree hell.

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After dealing with my own nightmare with ny unemployment, I've learned you have to be SUPER specific when talking to reps. Ask them to 'verify base period wages from all quarters' and have them confirm the exact amounts they're seeing in their system for each quarter. Then compare with your records. Often they're missing entire quarters.

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Fun fact: in 2022 they admitted the unemployment system incorrectly calculated base period wages for over 32,000 New Yorkers. They promised to 'fix the glitch' but clearly they haven't 🙃

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Wow I never heard about this! Do you have a link to an article about it? Would be helpful to reference when fighting my own case.

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omg thank you! This is exactly what happened to me. Going to reference this when I call them back!

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another day, another company promising to fix the unfixable unemployment system lol

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So I was about to throw my phone after 3 hours on hold when a friend told me about claimyr.com - it got me a callback with an actual specialist in 37 minutes. Explained my base period calculation issue and she fixed it right there on the call. Money started coming 5 days later. Not exaggerating when I say it saved my apartment. Sometimes you gotta use the tools available when the system is this broken.

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yeah right, another 'miracle solution'... what's the catch? 🙄

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No catch - they just have a system that keeps dialing and navigating the phone tree until they get through. Then they connect you. That's literally it. I was skeptical too but was desperate after weeks of trying.

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So I tried this after seeing your comment and it actually worked. Got a call back in about 50 mins, talked to someone who knew what they were doing, and my issue is getting fixed. Thx for the tip

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Made this flowchart to help people dealing with base period calculation errors. Hope it helps: [image of detailed process flow] Sorry you're dealing with this, OP. The system is a mess.

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This is amazing! Should be pinned at the top of this sub tbh

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Thank you so much! This is super helpful - I'm going to follow these steps exactly

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Just wanted to say I'm sorry you're dealing with this nightmare. It took me 11 weeks to get my base period wages corrected. The stress is unbearable. You will get through this, and don't let them gaslight you into thinking you're wrong when you KNOW what you earned. ❤️

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Thank you ❤️ It helps to know I'm not alone in this. How did you eventually get yours resolved?

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I finally used claimyr.com to get a specialist on the phone after trying everything else. Explained my situation to the agent, she reviewed my file right then and saw they had miscalculated. Fixed it during the call and my payments started the next week.

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I'm so sorry you're going through this stress - the physical symptoms from unemployment anxiety are real and brutal. I went through something similar last year when they denied my claim despite having clear W-2s showing I earned $5,400 in my base period. What finally worked for me was getting super organized with my documentation and being extremely persistent. A few things that helped: 1) I calculated my own base period earnings quarter by quarter and made a simple spreadsheet showing exactly what I earned when, 2) I sent everything certified mail so they couldn't claim they "lost" my documents again, and 3) I kept detailed notes of every phone call including agent names and ID numbers. The hearing request someone mentioned above is crucial - even if your reconsideration goes through, having that hearing request on file puts legal pressure on them to actually review your case properly instead of just rubber-stamping another denial. Stay strong and don't let them wear you down. You earned those benefits and deserve them. The system is broken but you can still win if you're persistent and organized. 💪

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This is such helpful advice, thank you! I'm definitely going to create that spreadsheet - having everything organized in one place will make it so much easier when I talk to agents. The certified mail tip is genius too, I never thought about them claiming they "lost" documents but that makes total sense given how this system operates. Really appreciate you sharing what worked for you! 🙏

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Mason, I'm so sorry you're dealing with this mess. The same thing happened to me - they "miscalculated" my earnings and denied me even though I had clear paystubs showing I made over $4,000 in my base period. The stress is absolutely horrible and I totally get the physical symptoms you're experiencing. What finally got mine resolved was using a combination of approaches: I filed both a Request for Reconsideration AND a Request for Hearing at the same time (like others mentioned), but what really made the difference was using claimyr.com to actually get through to a specialist who could fix it in real time. I was skeptical at first but after 3 weeks of getting nowhere with regular calls, I got a callback in about 45 minutes and the agent corrected my wage calculation during the call. My payments started within 4 days. Document everything you're doing - every call, every form you send, every interaction. Send your reconsideration documents certified mail so they can't claim they lost them again. And don't let them gaslight you - you KNOW what you earned, and you have the paystubs to prove it. You're going to get through this. The system is designed to make you give up, but you have rights and you've earned those benefits. Stay strong! 💪

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