NY unemployment withdrawal of determination letter about forfeit days and penalties - what happens next?
I just received a 'Withdrawal of Determination' letter from NY unemployment about forfeit days and penalties that were imposed on my claim last year. The letter states 'Upon further review, the Department has decided to withdraw the determination(s) dated 01/15/2025.' It mentions that the forfeit day penalty is being removed, but I'm confused about what happens next. Does this mean I'll be receiving back payments for the weeks I couldn't claim benefits because of the forfeit days? Do I need to take any action? The letter doesn't give much instruction. Has anyone dealt with this before? I had 45 forfeit days originally for what they claimed was 'misreporting income' but I appealed and now got this withdrawal letter.
25 comments
Oliver Fischer
Yes! This is good news! A withdrawal of determination means they've basically canceled their previous decision. The forfeit days should be removed from your account, and you should be eligible for back payments for any weeks you were denied benefits due to those forfeit days. However, the system doesn't always process this automatically. I recommend calling NYSDOL to confirm they're processing your back payments. You should see these payments reflected in your payment history within 2-3 weeks if everything goes smoothly.
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Amina Sy
•Thanks for the info! Do you know if I need to recertify for those weeks, or will they just automatically process them since I already tried to certify during that period but was blocked by the forfeit days?
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Natasha Ivanova
congrats!! its so rare to win against nysdol lol. my cousin had similar thing happen but it took like 2 months to get the money after they sent that letter. def call them to make sure its in the system
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Amina Sy
•2 months?! That's so long! I was hoping it would be faster since I really need the money. Did your cousin have to keep calling them or did it just show up eventually?
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Natasha Ivanova
•he called like 3 times and the last time they said it was processing. showed up like a week after that last call
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NebulaNomad
I went through this exact situation in February! The withdrawal letter is definitely good news, but the system is SLOW to catch up. Here's what I learned: 1. You DON'T need to recertify for those weeks - your original certifications are still in the system 2. It took about 3 weeks for my back payments to process 3. They came as one lump sum deposit 4. The payment history in your account updated about 2 days before the money arrived Definitely call to confirm everything is in order. The phone lines are absolutely impossible though - I spent 4 days trying before I finally got through. I eventually used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes. They have a video demo at https://youtu.be/Rdqa1gKtxuE if you want to see how it works. Totally worth it because the agent I spoke with was able to see my backpayments were "stuck" and manually pushed them through.
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Amina Sy
•Thank you so much for the detailed response! This is exactly what I needed to know. I'll definitely try calling first, but that service sounds like a good backup if I can't get through. Did they tell you why your payments were stuck? I'm worried mine might get lost in the system too.
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NebulaNomad
•The agent said something about the system not automatically reconciling the forfeit day removal with the payment system. She had to manually flag my account for a "determination recalculation" (her exact words). After that was done, the payments processed within 3 business days. Hope this helps!
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Javier Garcia
Wait I'm confused about something - does anyone know if this means they're saying you WEREN'T actually misreporting income? Or are they just removing the penalty for some other reason? I got a similar letter but I'm paranoid they're trying to trick me somehow and will hit me with something else later. The DOL is always so complicated and I never understand their letters!!
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Oliver Fischer
•A withdrawal of determination means they're rescinding their previous decision entirely. They're essentially saying "we take back our claim that you misreported income." This could be because your appeal provided evidence that cleared you, or because they reviewed your case and found their initial determination was incorrect. It's not a trick - it's them admitting they were wrong about the misreporting allegation.
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Javier Garcia
•Oh thank goodness!! I was so worried because with my luck something always goes wrong with unemployment. Thanks for explaining!!!
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Emma Taylor
I had something similar but mine was for 30 forfeit days. Got my back payments about a month after the withdrawal letter. One thing you should know is that if you had taxes withheld from your regular benefits, they'll also withhold taxes from these back payments automatically at the same rate.
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Amina Sy
•That's good to know about the taxes, thanks! Did your payment history update before you received the payment? I want to know what to watch for as a sign that it's processing.
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Malik Robinson
I'm an employment attorney who handles many NY unemployment cases. The withdrawal of determination is legally significant - it means the Department has completely rescinded their prior ruling. This is different from a modification or reduction of penalties. Regarding next steps: 1. The forfeit days are removed effective immediately 2. Any weeks you were eligible for but couldn't claim due to forfeit days should be processed for payment 3. There's typically a 2-4 week processing time 4. If you don't see movement after 3 weeks, call NYSDOL One important detail - check if the letter mentions anything about overpayment. Sometimes when forfeit days are removed, a separate overpayment determination might remain in effect. If the letter doesn't mention overpayment, you're likely in the clear on that front as well.
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NebulaNomad
•Great point about the overpayment! I forgot to mention that in my experience. My withdrawal letter specifically stated that both the forfeit days AND the overpayment determination were withdrawn. Definitely worth checking the exact wording of the letter.
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Amina Sy
•I just rechecked my letter and it says both the forfeit days and overpayment determination are withdrawn! That's a huge relief. Thank you both for pointing this out - I wouldn't have thought to look for that specific language.
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Isabella Silva
CONGRATS!!! But don't celebrate yet. the ny unemployment system is HORRIBLE and they take forever to process anything. I had a similar situation in January and had to call them SIX TIMES before they actually processed my backpay. Everytime they said "it's in the system" but nothing happened. They're either incompetent or intentionally making it difficult hoping people give up. KEEP CALLING!!!
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Amina Sy
•That's exactly what I'm afraid of! Did you call the regular unemployment number or is there a special number for these situations?
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Isabella Silva
•Regular number - 888-209-8124. Be prepared to sit on hold FOREVER. I literally had to set aside entire days just to try getting through. It's ridiculous they make it so hard for people who need help.
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Javier Garcia
has anyone had their direct deposit info suddenly change during this process? im paranoid about that happening to me
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Oliver Fischer
•Your direct deposit information won't change unless you change it yourself. If you're concerned, you can log into your NY.gov account and verify your payment method is still set correctly. It's always good to check this periodically anyway, especially before expecting significant back payments.
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Natasha Ivanova
my friend said make sure u print n save that letter!!! they might ask for it if theres a problem
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Amina Sy
•Good idea! I just took a photo of it with my phone too, just to be safe.
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NebulaNomad
Just checking back - any updates? Did you try calling yet? Curious if your experience is going smoother than mine did!
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Amina Sy
•I tried calling yesterday and today but couldn't get through. I think I'm going to try that Claimyr service you mentioned. After reading everyone's responses, I'm definitely not going to just wait and hope it processes automatically!
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