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NY unemployment reduced $129 after BYE date - Must file new claim but payment dropped from $487 to $358

So my benefit year ended on September 10, 2023. I was told I need to file a completely new UI claim since my old one expired, which seems to align with the NYS DOL guidance that was updated on claims ending on and after July 4, 2021. According to the update I saw on the NYS Department of Labor page, "Moving forward, all claimants receiving UI benefits must file NEW claims if still unemployed at their BYE date. UI claimants will no longer receive benefits on an expired claim unless deemed not qualified for a new claim after they have reapplied." I tried filing online yesterday but kept getting error messages. I was following their recommendation that "The best way to file a new claim for benefits is online. Go to http://labor.ny.gov/signin and click 'File a Claim.'" When I finally got through, they said my new weekly amount would be $358 instead of the $487 I was getting before. That's over $100 less! I worked part time for about 3 months during my last benefit year, then went back to unemployment when that job ended. Is this why my benefit amount dropped? Do I really have to accept this lower amount? Also, I certified on Sunday for my final week on the old claim, but nothing showed up in my bank account yet. I noticed in the NYS DOL guidance that "Claimants who are unemployed during the last week of benefits of their current benefit year should certify for that week of benefits at least 24 hours before filing a new claim for benefits." I did wait more than 24 hours, but I'm wondering if filing a new claim somehow delays the payment from my last week? The website is so confusing and I've been trying to call for 2 days with no luck. I tried the automated telephone service they mentioned at 888-209-8124, but couldn't get through to anyone who could explain my benefit reduction. I'm also confused about the distinction between UI and PUA claims, since the update mentions "PUA claimants who continue to be unemployed when they reach their initial BYE date do not need to reapply for benefits. Instead, PUA claimants may continue to certify weekly while unemployed to continue receiving the benefits they are eligible for." But I'm on regular UI, not PUA, so I guess I had to file a new claim?

Yeah, this whole BYE date thing is a mess. I went through this back in May. The system is designed to screw you over by recalculating your benefits based on your work history during the last benefit year - which for most of us was little to none because of the pandemic! So of course our new benefit amounts are WAY lower. You basically just have to accept the new lower rate or find work. I tried fighting it for weeks and just wasted my time.

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Ugh that sucks! Did you at least get your final payment from your old claim?

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Eventually yes, but it took like 2 extra weeks to process. The whole system is designed to make you give up I swear

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Thats the truth!! They make it so confusing on purpose so ppl just throw their hands up and walk away 🤮

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I was in the exact same situation last month! After hitting my wall with trying to call for a week straight, I found this service called Claimyr (claimyr.com). They got me connected to a real human at NY unemployment and I finally got my new claim sorted out. The agent explained that your new benefit calculation is based on your base period which is why it dropped. Talking to an agent got my $ unlocked so fast - seriously worth checking out: https://youtu.be/Rdqa1gKtxuE

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wait is this for real? ive literally called 87 times today and cant get through

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100% worked for me. I was skeptical too but i was desperate after trying to get through for 9 days straight. They connect you directly to a live agent - no more endless hold music! 💯

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sounds like another scam to me... anyone ACTUALLY try this besides the person selling it? 🙄

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Not selling anything lol. I'm just a regular person who was going crazy trying to get answers about my BYE date issues. It worked when nothing else did. But do whatever you want 🤷‍♀️

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I actually used it too last week! Got through to someone who fixed my claim in like 10 minutes. After spending hours trying to call myself, this was a lifesaver

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Listen carefully: the part time work during your previous benefit year is 100% why your new WBA is lower. They look at your base period (first 4 of last 5 completed calendar quarters before you file). Since you were mostly on unemployment during that time, with just 3 months of work, your calculation is way lower. It sucks but that's how the system works. As for your last payment, it should still come through but might be delayed due to the transition. Keep certifying weekly no matter what.

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Just went thru this last week. My BYE date was 8/29 and I had to file a whole new claim. My weekly went from $504 to only $298!! I called and called and finally got someone who explained that because I only worked a few months during the past year (was on UI most of the time), my new calculation is based on those few months of work. Nothing you can do about it sadly. Welcome to broke city 😭

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This is so unfair! How are we supposed to survive on these reduced amounts???

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I know right?? I'm literally looking at having to move back with my parents at 34 because of this. The system is rigged against us

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Ok I work for a nonprofit that helps ppl navigate the unemployment system so here's what you need to know about BYE dates and refiling: 1. Yes, you MUST file a new claim after your BYE date if you're still unemployed 2. Your new weekly benefit amount (WBA) is calculated based on your base period wages - which for most people who were on UI during the pandemic means a much lower amount 3. The final payment from your old claim will eventually process but there's often a 1-2 week gap during the transition 4. If you can't get through on the phones (which is common), I highly recommend using claimyr.com - it's a service that waits on hold for you and connects you with a live agent 5. Make sure you're certifying every week even during this transition period 6. Check your email and mail daily for correspondence from NYSDOL about your new claim The drop in benefits is unfortunately normal when refiling after a BYE date. The system wasn't designed for long-term unemployment situations like we've seen during and after the pandemic.

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I heard some states were waiving the BYE date requirements because of covid. Is NY doing that too?

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No, NY is not waiving BYE requirements anymore. That policy ended back in 2021. Now everyone has to refile at their BYE date.

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Thanks for the detailed response. Just checked my account and now it's saying I have an 'eligibility interview' scheduled? Is this normal?

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Yes, completely normal. After filing a new claim, many people get scheduled for an eligibility interview. Make sure you're available for the call! They'll usually call from a blocked number.

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nobody answering this persons last question so I will - YES filing a new claim often delays your last payment from the old claim. It will eventually come through but the transition between claims often has a gap in payments. make sure your address is up to date cuz sometimes they mail the first payment on the new claim instead of direct deposit.

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call call call!!!! you NEED to talk to someone. i had similar situation and my new rate was wrong. they made a mistake on my calculation and fixed it when i finally got through. keep trying or use claimyr.com which is what i did after trying for 3 days to get through

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Were you able to get your rate adjusted back to what it was before?

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Not exactly the same but they found some wages they hadn't counted and it went up from $267 to $412, which was closer to my original $450

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Lol welcome to the club! 🤣 This exact thing happened to ALL OF US who've been on unemployment long enough to hit a BYE date. Your new calculation is based on the work you did during your last benefit year - which for most of us was minimal because HELLO there was a pandemic! So OF COURSE our new benefit amounts are garbage. The system basically punishes you for being unemployed by reducing your benefits if you stay unemployed too long. It's a sick joke.

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THIS!!!! 👆 The whole system is designed to grind you down until you take ANY job, no matter how crappy the pay

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fr fr this is why i just took that amazon warehouse job even tho the pay was trash. couldn't deal with the UI system anymore 🤡

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For anyone dealing with BYE date issues, make sure you're following the updated guidance on the NY DOL website. They actually have a whole section about this now. But honestly, calling is the fastest way to resolve it. I used claimyr.com after not being able to get through for days - it was worth every penny to finally get my claim fixed.

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link to that section of the website? i can never find anything on there

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what really pisses me off is theres no warning that your amount will change!!! they just spring it on you when you refile. i went from $504 to $298 and nearly had a heart attack. they should tell people in advance so we can prepare financially.

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AstroAce

THIS. I had to scramble to figure out how to pay rent when my amount dropped by almost half. No warning at all.

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they do it on purpose. they want us desperate so we'll take any job

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exactly! and then they wonder why ppl get angry on the phone with them 🙄

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As someone who worked at NYSDOL (not anymore thank god), I can tell you the BYE recalculation is working as designed, but the design is horrible. The system assumes a person will rarely be unemployed long enough to reach their BYE date. With COVID, thousands hit their BYE dates and got reduced benefits because they had little or no work during the base period. It's a major flaw in the system that nobody in power cares to fix.

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Mei Zhang

wow an insider! question: is there ANY way to appeal the new lower amount?

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Technically yes, you can request a review, but only if you think there's a mistake in their wage calculations. If the calculation is correct but just lower because you had less work, an appeal won't help. Best bet is always to talk to an agent directly.

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heres a tip - if you cant get thru on the phone try calling right when they open at 8am or in the last hour before they close. middle of the day is impossible to get through

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i think im gonna be sick. my BYE date is next week and now im terrified my benefits will drop too. im barely surviving as is.

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Start preparing now! Cut expenses where you can and try to save a little buffer if possible. The drop can be pretty harsh 😞

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something similar happened to me but they actually found i qualified for a higher amount after i talked to an agent! definitely worth calling. i couldnt get through for days until i used claimyr.com - finally got a human on the phone who fixed everything

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