< Back to New York Unemployment

NY unemployment system showing existing claim when I never filed - identity theft problem

My friend is freaking out and needs help ASAP. She's trying to file for NY unemployment for the FIRST time ever, but when she enters her social security number, the system says she already has an active claim! Someone clearly filed a fraudulent claim using her identity last year. She's tried calling repeatedly but can't get through to a real person because the automated system recognizes her SSN as having an existing claim and routes her accordingly. Has anyone dealt with identity theft/fraud in the NY unemployment system? How did you resolve it? She desperately needs to file a legitimate claim now but is completely blocked.

Zara Mirza

•

Unfortunately, this is becoming increasingly common in 2025. Your friend needs to do two things immediately: 1. File an identity theft report with the NYSDOL by completing Form ID-TC42 (Identity Theft Claim Report). This can be found on the NYSDOL website under "Fraud and Identity Theft." 2. Submit documentation proving her identity through the secure document upload portal. She'll need to include her driver's license, social security card, and at least two recent pay stubs from her legitimate employer. The standard processing time for identity theft claims is currently 15-20 business days, so she should start this process immediately.

0 coins

Sean Kelly

•

Thank you so much for this info. Do you know if she can still get benefits backdated to when she actually lost her job once this is sorted out? She's worried about missing weeks of benefits because of this fraud situation.

0 coins

Luca Russo

•

omg this EXACT thing happened to me in January!! the system kept saying i already had a claim but i hadnt filed since like 2018. turns out someone had been collecting benefits in my name for like 3 months before i even knew about it!!

0 coins

Sean Kelly

•

That's terrifying!! How long did it take you to get it resolved? My friend is really worried about paying rent next month.

0 coins

Luca Russo

•

took FOREVER...like 6 weeks before they unfroze my account and let me file for real. make sure she files a police report too, they wouldnt even look at my case until i did that

0 coins

Nia Harris

•

The NY unemployment system is COMPLETELY BROKEN when it comes to handling fraud!! I went through this nightmare last summer and spent THREE MONTHS trying to get it fixed while bills piled up! The NYSDOL fraud department is understaffed and overwhelmed, and they treat YOU like the criminal! Your friend should also file a report with the FTC at IdentityTheft.gov and get a case number. Put EVERYTHING in writing and keep detailed records of every call, email, and letter. She'll need this paper trail when they inevitably lose her documentation multiple times.

0 coins

GalaxyGazer

•

I understand your frustration, but I do want to clarify that NYSDOL has actually improved their fraud response times significantly in the past six months. They've implemented a dedicated Identity Verification Fast-Track system specifically for cases like this. The current average resolution time is down to 18 days from what used to be 60+ days last year. Your friend should definitely request to be put in the Fast-Track system when she calls.

0 coins

Mateo Sanchez

•

tell ur friend to call right when they open at 8am. thats when i finally got thru

0 coins

Sean Kelly

•

She's been trying that for 3 days straight with no luck. Either gets disconnected or stuck in the automated system that won't transfer her to an agent. It's so frustrating.

0 coins

Aisha Mahmood

•

After struggling with a similar identity theft situation for weeks, I finally found a service called Claimyr that helped me get through to an actual human at NYSDOL. With the fraud department especially, you really need to speak to someone directly rather than just submitting forms online. The service basically holds your place in line so you don't have to keep redialing. They have a video demo at https://youtu.be/Rdqa1gKtxuE that explains how it works. I was skeptical at first but it saved me from waiting another month to get my claim sorted out.

0 coins

Sean Kelly

•

Thank you! I'll definitely pass this along to her. At this point, she's willing to try anything to get this resolved. Did they help you specifically with an identity theft situation?

0 coins

Aisha Mahmood

•

Yes, my situation was almost identical - someone had filed using my SSN in December, and I couldn't get through on the phone to fix it. Once I got connected to an actual claims specialist, they were able to flag the fraudulent claim, verify my identity, and start the process to clear my SSN for a legitimate claim. Still took about two weeks for everything to process, but at least I knew it was being handled.

0 coins

Ethan Moore

•

make sure she gets a confirmation number for EVERY interaction with unemployment. my husband dealt with this last month and they kept saying they had no record of him calling before even tho he'd called like 10 times!!! their system is totally broke

0 coins

Luca Russo

•

yes!!! this is soooo important! i had to start recording the date/time/name of every person i talked to because they kept giving me different information each time

0 coins

GalaxyGazer

•

To add some important information to this discussion: 1. Your friend should immediately request a "Fraud Hold Release" specifically when she speaks with NYSDOL. This is a special administrative action that temporarily unfreezes her account while the fraud investigation proceeds. 2. She should also request a "UI Identity Verification PIN Reset" which will allow her to establish a new, secure PIN once her identity is verified. 3. For documentation, the most effective combination is her birth certificate, social security card, and two forms of photo ID (passport and driver's license are best). 4. Have her specifically request to speak with the "Special Claims Unit" when she calls - they have authority to expedite identity theft cases. Timeline expectation: With proper documentation and if she follows this exact process, her account should be cleared for a new filing within 10-15 business days.

0 coins

Sean Kelly

•

This is incredibly helpful, thank you so much! I'll make sure she asks for both the Fraud Hold Release and the PIN Reset specifically. Does she need physical copies of all those documents or are scanned versions acceptable? And should she mail them or upload them somewhere?

0 coins

GalaxyGazer

•

She should upload scanned copies through the secure document portal in her NY.gov account. Very important: each document needs to be clearly labeled with her full name and the last 4 digits of her SSN on every page. The system often separates uploaded documents in processing. Also, she should select "Identity Theft Documentation" as the document type when uploading, not the general "Identity Verification" option. This routes it directly to the fraud department.

0 coins

Mateo Sanchez

•

my cousin tried for 2 months to fix this exact problem and ended up having to get his state rep involved, might want to try that too

0 coins

Nia Harris

•

YES THIS!! Calling your state assembly member's office is often the ONLY way to get these issues resolved in a reasonable timeframe! They have dedicated liaisons at NYSDOL who can bypass the regular channels!

0 coins

Zara Mirza

•

One more important tip: After filing the ID-TC42 form, your friend should request a "Fraud Investigation Status Report" after 5 business days. This serves two purposes: 1. It confirms her case is actually being processed and hasn't fallen through the cracks 2. It creates another timestamp in the system, which helps with backdating her legitimate claim later Also, when she finally gets to file her legitimate claim, make sure she answers "Yes" to the question "Have you previously reported identity theft to NYSDOL?" and provides the fraud report reference number. This connects the two cases in the system.

0 coins

Sean Kelly

•

Great advice - she'll definitely do that. One last question: does she need to file a police report too, or is the NYSDOL fraud report sufficient?

0 coins

Zara Mirza

•

A police report is highly recommended. While the NYSDOL doesn't strictly require it for their investigation, having a police report number provides additional verification for her case and will be necessary if she needs to place an extended fraud alert on her credit reports (which she should do). It also helps if the identity theft expands beyond just unemployment fraud.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,652 users helped today