NY unemployment identity theft: 10+ months waiting for fraud investigation with $31K backpay

I work with identity theft cases, and unfortunately, NYSDOL fraud investigations CAN take this long, especially with the backlog they're dealing with in 2025. That said, 11 months is excessive. He needs to escalate beyond regular customer service.\n\nHave him contact:\n1. His state senator or assembly member's office - they can sometimes expedite cases\n2. The NY Department of Labor Fraud Investigation Unit directly at their separate number\n3. File a complaint with the NY State Inspector General's office\n\nAlso make sure he's documented EVERY communication with dates, times, and agent names if possible. This will be crucial if he needs to take legal action.

Thank you so much! He's tried calling the regular fraud number countless times, but I don't think he's contacted his state representatives yet. Do you know how long it typically takes them to respond to these kinds of issues?

Tell him to call early morning like 7:30am. Thats what I did when my account got hacked last month. They actually answer early!!

Thanks! He's been trying all different times but I don't think he's tried that early. He'll definitely try calling right when they open.

I went through almost the SAME EXACT THING last year!!! My case dragged for 7 months but not nearly as much backpay as your bf. What finally worked was contacting my assembly member's office. They have special liaisons with unemployment and can cut through the BS. The regular phone agents just read scripts and have ZERO actual power to help with fraud cases.\n\nSomething fishy is definitely going on with these long delays... I swear they hope people just give up and go away sometimes. DON'T LET HIM GIVE UP!!

That's exactly what it feels like - like they're hoping he'll just forget about it! He's definitely not giving up, especially with that amount of money. I'll have him contact his assembly member right away. Did you just call their office or was there a specific form to fill out?

I called first and they had me fill out a form with all my unemployment info and a consent form so they could contact DOL on my behalf. After that, things moved FAST. Had resolution in like 2-3 weeks after 7 months of nothing!!!

After dealing with NY unemployment's impossible phone system for weeks, I started using this service called Claimyr that helped me actually get through to a live agent. It basically handles the calling and waiting for you then connects you when there's actually a human. Check out their demo: https://youtu.be/Rdqa1gKtxuE\n\nIn fraud cases like this, talking to a supervisor is essential, and that's nearly impossible through normal channels. The regular agents can't do anything for complex cases except say \

You had to pay to talk to unemployment? thats crazy man, shouldnt the govt provide basic customer service without us paying extra??

I mean, ideally yes! But after spending literally hours redailing for weeks and never getting through, it was worth it to me. The regular phone line is basically useless when you have a complex issue.

Thanks for the suggestion. Getting to an actual supervisor who can do something has been impossible. He's spent so many hours just trying to get anyone on the phone. I'll show him this service - at this point with $37K on the line, it's worth trying anything!

ok so like, the reason this is happening is bcuz of the glitchy ny.gov ID system. my cousin works for nysdol (not in fraud dept tho) and she says their whole identity verification system is a mess since they upgraded in March. its not actual ppl sitting on cases trying to avoid paying - its literally software issues and understaffing. try having him LOGIN to his ny.gov account and resubmit the ID docs through the ID.me system again, then immediately call.

This is partially correct, but not entirely. The ID.me system issues are real, but there's also a separate verification process for fraud cases that involves manual review. The system flags many of these for in-depth investigation, especially when the claim amount is high. \n\nOP, your boyfriend should be doing two things simultaneously:\n\n1. Verify his ID.me verification is complete and current\n2. Request a formal status update using Form TC-1 (Claim Status Request) - this form triggers a mandatory review within 15 business days\n\nThe TC-1 form is specifically for cases that have been pending beyond the standard processing timeframe.

He's never heard of Form TC-1! None of the agents ever mentioned this. Where can he find it? On the NY.gov unemployment website?

It's not prominently displayed on the site. Go to ny.gov/unemployment, then navigate to Forms & Resources > Claim Assistance > Status Update Forms. The TC-1 should be there. If not, have him specifically ask for it when he calls. Some agents aren't familiar with all specialized forms, so he might need to ask for a supervisor who handles fraud cases specifically.

My brothers gf had something similar last year it took 8 months but she got all her money eventually

That's at least somewhat reassuring. Did she do anything specific that finally got it resolved?

not sure exactly but think she went to her local unemployment office in person. might be worth a try

This is why I always tell people to freeze their credit!! once identity theft happens its a NIGHTMARE to fix especially with government agencies. They treat YOU like the criminal even tho your the victim!!! And yeah the backpay amount is probably whats causing the delay, they have special

Yes! He actually did freeze his credit right away but the unemployment claim had already been filed. Dealing with this has been a full-time job for him. The frustrating part is that he's provided everything they've asked for multiple times.

As a follow-up to my earlier comment, I want to mention that identity theft cases where the fraudulent claim was actually paid out (meaning the scammer received benefits) are handled differently than regular identity verification issues. These cases involve both the NYSDOL fraud unit AND potentially the Office of Special Investigations.\n\nYour boyfriend should specifically ask if his case was referred to OSI. If it was, that explains the long timeline, but he should still be eligible for his legitimate benefits once the investigation concludes. The Form TC-1 mentioned earlier is indeed the correct next step along with legislative assistance.

We think payments were made to the scammer because when he first reported the fraud, they mentioned something about payments already being issued. That's really helpful to know about OSI - he'll definitely ask about that specifically next time he calls. Thank you!

One more thing!!! Make sure he checks his MAIL carefully!! I almost missed a crucial letter that needed a response within 10 days. They send important stuff about fraud cases through REGULAR MAIL not always electronically. Miss one of those letters and they can close your case or deny benefits!!!!

That's really good to know. He checks his online messages regularly but I'm not sure he's been as careful with regular mail. I'll make sure he goes through everything.

I'd like to provide some clarity on this situation. For identity theft cases involving unemployment in New York, the standard resolution timeline should be 90-120 days maximum. If your boyfriend's case has been pending since January 2025 (now approaching December), that's well beyond acceptable timeframes even with current backlogs.\n\nHere's the escalation path I recommend:\n\n1. First, have him obtain his case reference number and full claim ID\n2. Contact his state representative's office (as others suggested)\n3. Simultaneously file a complaint with the New York State Inspector General specifically citing the delay\n4. Request a formal hearing through the Unemployment Insurance Appeal Board\n\nThe hearing request is particularly important, as it forces administrative action on the case. During the hearing, he should present a chronological documentation of all his attempts to resolve the issue.\n\nAlso, while identity verification is important, make sure he's completed Form TC-40 (Identity Theft Affidavit) with a notarized signature. This is specifically for unemployment identity theft cases.

Thank you for this detailed information! He has his claim ID but I'm not sure about a case reference number - is that different? And he's never heard of Form TC-40 either. It's so frustrating that none of the agents have mentioned these specific forms that could help. He'll definitely request a hearing - does he do that through the normal unemployment website?

Yes, the case reference number is different - it should start with FR- followed by numbers. It's specifically for the fraud investigation. For the hearing request, he needs to submit it in writing using Form TA-1 (Request for Hearing). This isn't done through the regular portal but through a separate appeals process. He can find this information under the \

has he tried calling the fraud specific hotline? its different than the regular unemployment number. also check if theres any random correspondence in his online account they mightve asked for more docs and he didnt see it

Yes, he's called both the regular number and the fraud number multiple times. We'll definitely double-check his online account for any messages he might have missed, though. Thanks!

Just an update - I had a similar issue (although mine was only pending for 4 months, not 11). What finally worked was getting my state senator involved. Their office has special channels to unemployment that regular people don't have access to.\n\nThe other thing I learned is that persistence is key. When calling, I specifically asked for a \

Thank you for the encouragement! He's definitely going to contact his state representatives and keep pushing. And I'll have him specifically ask for a Tier 2 specialist - he's never known to request that specifically. Did it take long after your senator got involved for things to get resolved?

Once my senator's office got involved, it took about 3 weeks to get resolution. They have dedicated contacts at NYSDOL who can actually pull the case and review it. The senator's office called me weekly with updates. It was like night and day compared to dealing with NYSDOL directly!

Thank you everyone for all the helpful advice! We're going to:\n1. Contact his state assembly member and senator (already found their contact info)\n2. Ask specifically for the TC-1 and TC-40 forms\n3. Request a formal hearing\n4. Check for any missed correspondence\n5. Ask specifically about OSI involvement and for a Tier 2 specialist\n\nI'll update if we make any progress. It's been such a frustrating process, but your suggestions have given us new directions to try!