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NY unemployment identity theft case frozen for 9 months - $36,000 backpay stuck in limbo

My partner discovered someone used his identity to file for unemployment benefits back in March 2021. He immediately reported it as fraud and opened a case with NY unemployment. Fast forward to today - it's been almost a FULL YEAR and his case is still "under investigation." Every single time he calls, they give him the same robotic response that his case is "pending review." Not one single payment has been released to him despite being legitimately eligible. The backpay has accumulated to around $36,000 at this point. It seems ridiculous that verifying someone's identity takes this long! I'm starting to think they're deliberately stalling because the amount has gotten so large. Has anyone dealt with this? Any advice on breaking through this endless cycle? Who can he contact that might actually help resolve this mess?

This is so messed up. The exact same thing happened to my brother back in October 2020. His case was in "investigation" for months. It's like they put these fraud cases in some eternal purgatory and forget about them. Took him 7 months before he finally saw a penny. Keep pushing and documenting EVERYTHING.

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7 months?? We're going on 12 months now with zero progress. Did your brother do anything specific that finally got things moving??

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He harassed them daily (like literally called every morning) and also got his state rep involved. Once the rep's office contacted them, things started moving. Still took another month after that tho

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Thanks, gonna try the state rep route tomorrow. We've tried the calling thing but it's impossible to get thru most days 😩

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After weeks of trying to get through to an actual human at ny unemployment, I finally found a service that saved me. Used this site called claimyr.com and they actually got me a callback with a real agent! Talking to the agent got my benefits unlocked within days after months of nothing. Seriously was worth every penny since I had like 20k in backpay just sitting there. They have a video explaining how it works: https://youtu.be/Rdqa1gKtxuE

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sounds too good to be true. is this some kind of scam? 🤔

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nope, not a scam. i was desperate after calling 50+ times a day for weeks. its just a service that calls for you and stays on hold, then transfers the call when a human picks up. saved me hours of listening to that stupid hold music

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wait this actually works? i've been trying to reach someone for WEEKS and keep getting disconnected...

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yeah, it worked for me! got a callback within a couple hours. the agent was able to see exactly what was holding up my claim and fixed it right there.

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hmm I'm still skeptical but at this point might be worth a try. their site looks legit at least

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I used this too! The unemployment system is such a joke that we have to pay extra just to talk to someone who works there. But it did work for me too, got my issues resolved finally.

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ok I'm definitely going to check this out. at this point we've tried EVERYTHING else. thanks for the tip!

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I hate to tell you this, but your partner might be waiting a long time. My cousin's identity was stolen in 2020, and it took 14 months to resolve. NY unemployment is completely overwhelmed with fraud cases since the pandemic. It's not just about verifying identity - they have to track down who committed the fraud, how much was paid out fraudulently, etc. It's a whole investigation.

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14 months??? Omg that's insane. Did your cousin end up getting all their backpay at least?

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Yes, they got it all eventually, but it came in weird chunks over like 2 months. First they got half, then 3 weeks later another quarter, then finally the rest.

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CONTACT YOUR STATE REPRESENTATIVE IMMEDIATELY!!! This is literally the only thing that worked for me. They have special contacts at unemployment who can actually do something. My case was stuck for 5 months, I contacted my assembly person, and within 2 weeks I had resolution. Don't wait any longer.

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Okay so this happened to me and I finally got it resolved after 6 months of hell. Here's what you need to do: 1) File a police report if you haven't already. They need this documentation. 2) Call the fraud department directly (not regular unemployment) at [number redacted]. Keep calling until you get through. 3) Contact your state assembly person AND state senator. Do both. They have unemployment liaisons. 4) Send in your identity documents again through the secure upload portal, even if you already did. 5) If that fails, use claimyr.com to get through to a live agent who can escalate your case. This system is broken but there are ways through it. Don't give up! They owe your partner that money!

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This is super helpful, thank you so much! We did file a police report back when it happened but I think we need to be more aggressive with the state rep approach.

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No problem! And make sure your partner is checking his online account too - sometimes they request additional documents but don't tell you except through the portal.

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what's the best way to find your state assembly person? is there a website?

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Just google "who is my NYS assembly person" and there's a lookup tool where you put in your address. Same for state senator.

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They are 100% stalling because of the large amount. Same exact thing happened to me. My claim was for about $22k and they dragged it out for 8 months. My friend who only had $4k in backpay got his cleared in 6 weeks. It's complete BS.

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Yep, I've seen this pattern too. The bigger the $$ amount, the slower they move. It's not a coincidence 🙄

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That's exactly what I'm thinking! It's so frustrating because my partner did everything right and reported the fraud immediately.

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Unpopular opinion but ur partner should contact the attorney general's office. When normal channels fail for THIS long (almost a year??), you need to escalate higher. The AG's office handles consumer complaints and can put pressure on state agencies.

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I worked for nysdol (quit cuz it was a nightmare). Here's what's happening: fraud cases get put in a special queue that only certain investigators can access. There are THOUSANDS of cases and not enough investigators. Your partner needs to: 1) Call and specifically request a "fraud escalation" - use those exact words 2) Ask for a supervisor immediately if the first rep won't help 3) Call EVERY WEEK and note the date and name of who you spoke with 4) Tell them you're filing a complaint with the Dept of Labor Inspector General if not resolved in 30 days Your partner is entitled to that money. Don't let them brush you off with "still pending" excuses. Demand timelines.

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This is gold. Insider knowledge ftw!

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Thank you SO much! This is incredibly helpful. Will definitely use the exact "fraud escalation" wording.

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No problem! One more tip - call right when they open (7:30am). The queue fills up FAST and if you call after 9am you probably won't get through at all.

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i was in this EXACT situation last year. after 11 mons of getting nowhere, i paid for claimyr.com to get me through to a real person (was like banging my head against the wall before that). the lady who finally answerd was amazing and flagged my case for expedited fraud review. got everything resolved within 3 weeks after that call. sometimes you just need to talk to the right person.

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That's good to hear! Did they release all your backpay at once or in chunks?

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got 2 big payments. first was like 80% of it then the rest came about a week later. almost fell out of my chair when i saw the deposit hit lol

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check if he has anything in his spam folder or if they sent physical mail. sometimes they request additional verification and if u miss it they just leave the case open forever without telling u 🤦‍♂️

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Something similar happened to me and I literally had to get a LAWYER. Paid her $600 for 3 hours of work and suddenly my case was "resolved" within 2 weeks. Funny how that works! 🙄

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what kind of lawyer did you use? employment lawyer or just general?

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I used an employment lawyer who specializes in unemployment issues. Worth every penny considering I got $18k in backpay.

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Another vote for contacting your state representatives. I've worked in a state rep's office, and unemployment issues were like 75% of the constituent work we did. They have dedicated contacts at unemployment who can actually move cases forward. The public-facing customer service reps have almost no power to help with complex cases.

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This seems to be the consensus, definitely making this our #1 priority now. Thanks!

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NY unemployment is the absolute WORST. I waited 13 months for my identity theft case to be resolved. The only thing that finally worked was getting my state rep involved AND filing a complaint with the department of labor inspector general. Two weeks after I did both of those things, magically my case was resolved. Coincidence? I think not. 😤

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Did he upload his ID documents to the secure portal? They changed the system in 2021 and now require specific documents uploaded through their ID verification portal. Some people miss this step and then wonder why nothing is happening.

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Yes, he uploaded his license, SSN card, and a utility bill back in April. They confirmed receipt but still nothing happened after that.

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Hmm, then definitely contact state reps at this point. Something is stuck in their system and the regular channels aren't working.

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Just want to say I feel your pain. My identity theft case took 9 months to resolve. What finally worked for me was using claimyr.com to actually get a human on the phone, then asking for a supervisor immediately, then demanding to know exactly what was holding up my case and what specific documents they needed. Found out they had been waiting for ONE form that no one ever told me about! 🤬

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That's so frustrating! What form was it, if you don't mind me asking?

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It was some special identity affidavit form that you have to specifically request. They claimed they had mailed it to me but I never received it. Once I completed that, things started moving.

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Its NOT a conincidence it's taking so long for a large amount. My husband had a similar issue (19k backpay) and we ended up getting a lawyer. Lawyer told us NY is facing budget issues and they're deliberately slow-walking large claims. Not legal but they do it anyway.

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Has your partner been checking his email and mail carefully? Sometimes they send requests for additional documents with a deadline, and if you miss it, they just leave the case in limbo. Happened to my sister - turned out they'd sent an email requesting additional proof months ago and it went to her spam folder.

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We've been checking everything religiously, but I'll have him look through spam again just in case.

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This whole system is a joke. I used to work for a state agency (not unemployment but similar) and I can tell you exactly what's happening: these cases get flagged in their system and put in a special investigation queue. The problem is they have like 5 investigators for thousands of cases. So unless someone manually flags your case as priority, it just sits there forever. You need to find a way to get it prioritized.

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This is so true. My cousin works at NYSDOL and says the same thing. The fraud dept is understaffed by like 70%.

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I tried for MONTHS to get my claim fixed after identity theft. Called hundreds of times. Finally used claimyr.com and got through to a real person who actually helped. Talking to an agent got my $ unlocked so fast after almost giving up. Sometimes you just need to get to the right person who can actually help instead of the usual script readers.

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did they make you verify your identity again? i'm wary of these services

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No they just get you connected to the unemployment office directly. It's like paying someone to wait on hold for you, then they call you when a real agent picks up. The service itself doesn't ask for any personal info.

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This sounds promising. Going to give it a try!

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