NY unemployment overpayment waiver still pending after 2 months - others already forgiven
I submitted my waiver for the $1,440 overpayment from January/February 2025 about 8 weeks ago (on March 15), and I still haven't heard ANYTHING back! Meanwhile, two of my coworkers who also applied for the same waiver already received forgiveness letters in the mail weeks ago. We're all self-employed in the same industry with similar situations. Is NYSDOL just picking random applications to process first? Has anyone else been waiting this long for their overpayment waiver decision? The anxiety of potentially owing this money is really stressing me out. Any thoughts on what I should do next or how long I should expect to wait?
21 comments
Yara Elias
The NYSDOL waiver processing times are extremely inconsistent right now. I submitted mine in February and got approval in 3 weeks, but my brother submitted his in January and just heard back last week. They seem to be reviewing applications in batches rather than chronologically. Have you checked your message center in your NY.gov account? Sometimes they send the decision there before mailing the physical letter.
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Connor Byrne
Thanks for the info! I've been checking my message center obsessively and there's nothing there either. Did your brother get any kind of status updates while waiting or did the approval just suddenly appear?
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QuantumQuasar
did u submit all the required documentation? they're super picky about that stuff. i forgot to include one of my 1099s when i first applied and they just left my application sitting there with no updates until i called
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Connor Byrne
Yes, I'm pretty sure I included everything! The same documents my coworkers submitted with their applications that were approved. That's what's so frustrating!
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Keisha Jackson
The waiver processing timeline depends on several factors: 1. The complexity of your case (even minor differences from your coworkers could put you in a different processing category) 2. The workload of the specific examiner assigned to your case 3. Whether they need to verify additional information I recommend waiting until you hit the 10-week mark before taking action. At that point, you should file a formal inquiry through your NY.gov account and specifically request a status update on your waiver application. Include your application date and any reference numbers you received when you submitted it. This creates an official record of your follow-up.
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Connor Byrne
Thank you for the detailed explanation! I'll mark my calendar for the 10-week point and submit an inquiry then if I still haven't heard anything. I appreciate having a concrete plan now.
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Paolo Moretti
I HAVE BEEN WAITING 4 MONTHS!!!! They are completely disorganized and don't care about how stressed we are. I've called 37 times (yes I counted) and either get disconnected or get told "it's in process" with no other information. The system is DESIGNED to wear you down until you just give up and pay!!
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Amina Diop
Same experience here. Unbelievable how they treat people. When I finally got through after weeks of trying, they just read from a script. Like, actually help us??
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Oliver Weber
Try using Claimyr to get through to an agent. I was in the same boat - couldn't get through for weeks. With Claimyr.com I got connected to a live agent in about 15 minutes. Their system calls for you and alerts you when an agent picks up. They have a video demo at https://youtu.be/Rdqa1gKtxuE that shows how it works. The agent I spoke with was able to look up my waiver status and tell me exactly where it was in the process and when I could expect a decision.
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Natasha Romanova
The inconsistency in processing times actually makes sense when you understand how they prioritize applications. NYSDOL is working through a major backlog of waiver requests since the announcement of the expanded forgiveness program in January. They prioritize cases based on: - Financial hardship indicators in your application - Whether collection actions are already in progress - The total amount of the overpayment - Clarity/completeness of documentation Two people with seemingly identical situations might be processed weeks apart based on these internal sorting criteria. If your coworkers indicated greater financial hardship on their applications, their cases may have been prioritized.
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Connor Byrne
That would explain it! I didn't emphasize any financial hardship on my application because I'm doing okay right now, but the money would definitely still hurt to pay back. My coworkers are in more precarious situations. Thank you for explaining the system - that actually makes me feel better knowing there's some logic to it.
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QuantumQuasar
anybody else notice if u submitted online vs mail makes a difference? i did online and got approved in like 5 weeks but my friend sent hers by mail and shes still waiting after like 3 months
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Amina Diop
Yes!! This!!! Online is ALWAYS faster with them. Everything I've ever mailed to unemployment takes forever to process. Their mail processing is from the stone age.
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Yara Elias
Update your original post when you finally hear back! It helps others estimate their wait times. I'm curious if they're still averaging 8-10 weeks for most cases.
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Connor Byrne
Will do! I'll report back once I get a decision. Hoping it comes soon.
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Amina Diop
I waited 11 weeks and then suddenly got an approval. Then a week later got a denial letter dated BEFORE the approval. Then got ANOTHER approval. Their system is completely broken lol. Just hang tight, you'll probably get approved eventually.
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Paolo Moretti
THIS!!! I got THREE different letters all saying different things!! The left hand has no idea what the right is doing over there!!!
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Oliver Weber
When I was waiting for my waiver decision, I finally called and learned there was a problem they never notified me about. After struggling to get through on the phones, I used Claimyr to get connected to an agent in about 20 minutes. The agent discovered my application was missing a signature on page 3 (which I had no idea about). I resubmitted that day and had my approval within a week. Sometimes calling is the only way to find out what's really happening with your case. Check out their demo at https://youtu.be/Rdqa1gKtxuE to see how it works.
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Connor Byrne
I'm going to try calling tomorrow. Maybe there's something wrong with my application that I don't know about. It's just so frustrating that they don't proactively notify you about these issues!
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Keisha Jackson
One final tip: if you do call, make sure to request that the agent documents the call in your case notes. This creates a paper trail showing you're actively following up. If you reach the 12-week mark with no resolution, you can escalate to a supervisor and reference your previous inquiries, which strengthens your case for expedited review.
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Connor Byrne
That's really helpful advice! I'll definitely ask them to document the call in my case notes. Thanks for the tip about escalation too - hopefully it won't come to that, but good to know my options.
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