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Asher Levin

NYS Department of Labor appeal decision says 'affirmed' - what does this mean for my unemployment claim?

I just received my appeal decision from NYS Department of Labor and it says the original determination has been 'affirmed.' I'm honestly confused about what this means exactly. Does this mean I won or lost my appeal? My original claim was denied for voluntary quit, and I appealed because I had to leave due to unsafe working conditions. The letter is full of legal language that I can't really understand. Can someone explain in plain English what 'affirmed' means for my unemployment benefits?

Serene Snow

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Unfortunately, 'affirmed' means the administrative law judge agreed with NYS Department of Labor's original decision to deny your claim. So your appeal was unsuccessful and the denial stands. You still have options though - you can appeal this decision to the Unemployment Insurance Appeal Board within 30 days if you believe there were errors in the hearing process or new evidence wasn't properly considered.

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Asher Levin

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That's what I was afraid of. I thought I had good documentation about the unsafe conditions but apparently it wasn't enough. Is it worth appealing to the Appeal Board or should I just give up?

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Been through this myself last year. 'Affirmed' basically means they're saying 'nope, the original decision was correct.' It's frustrating but you do have that next level of appeal. For unsafe working conditions, you really need solid documentation - photos, emails, complaints to management, OSHA reports if you filed any. The Appeal Board looks at whether the judge applied the law correctly.

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Asher Levin

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I did have some emails and pictures but maybe not enough. How long does the Appeal Board take to decide?

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In my experience, about 2-3 months for the Appeal Board to issue a decision. They're backlogged but it's your last shot at the state level before going to court.

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Romeo Barrett

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omg same thing happened to me!! got 'affirmed' and was so confused at first. thought it meant they affirmed MY side but nope its the opposite

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Asher Levin

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Right? The wording is so confusing. You'd think affirmed would be good news but it's actually bad news for us.

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I had such a hard time getting through to NYS Department of Labor to even understand my appeal status before my hearing. If you need to talk to someone about your next steps, I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting busy signals.

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Asher Levin

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Thanks, I might need that. I've been trying to call for days to ask about the Appeal Board process but can never get through.

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Justin Trejo

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS!!! They make everything so confusing on purpose so people give up. 'Affirmed' should mean they affirm YOUR position but no its backwards legal speak. Keep fighting dont let them win

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Alana Willis

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I mean, the terminology is definitely confusing but it's standard legal language. When a higher court 'affirms' a lower court's decision, it means they agree with it. Same principle here with unemployment appeals.

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Tyler Murphy

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Wait so if it said 'reversed' that would be good for us? I'm dealing with my own appeal right now and want to know what to look for

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Serene Snow

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Correct - 'reversed' means they overturned the original denial and you would be eligible for benefits. 'Modified' means they changed part of the decision but not necessarily in your favor.

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AstroExplorer

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I work as a paralegal and deal with unemployment appeals regularly. Just to clarify the terminology for everyone - when an appeal decision says "affirmed," it means the administrative law judge upheld (agreed with) the original Department of Labor determination. So unfortunately, your appeal was denied. However, unsafe working conditions can be tricky to prove - you typically need contemporaneous documentation like written complaints to supervisors, safety violation reports, witness statements, or medical records if you were injured. If you have additional evidence that wasn't considered in your hearing, the Appeal Board might be worth pursuing. The 30-day deadline is strict though, so don't wait if you're going to appeal.

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