NYS Department of Labor appeal hearing completed - how long after unemployment appeal hearing will i receive benefits?
Had my unemployment appeal hearing with the administrative law judge on December 18th and it went really well. The judge seemed to agree that my termination was wrongful and my employer couldn't prove misconduct. My original claim was denied back in October for alleged job abandonment which was completely false - I was actually laid off due to company restructuring but they reported it wrong to NYS Department of Labor. During the hearing I provided all my documentation including emails from HR about the layoff and my supervisor's statement. The judge said she would issue a written decision within 10 business days but didn't mention anything about when benefits would actually start flowing if I win. Does anyone know how long after a successful appeal hearing it takes for NYS Department of Labor to release the back pay and start regular weekly benefits? I'm behind on rent and really need to know what timeline to expect.
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Carmen Ortiz
From my experience, once you get a favorable decision from the administrative law judge, NYS Department of Labor usually processes the back pay within 2-3 weeks. Your regular weekly benefits should resume automatically once they update your claim status in the system. Make sure you keep filing your weekly claims even during the appeal process - that's super important for getting your back pay calculated correctly.
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Yuki Tanaka
•Oh wow I didn't know I was supposed to keep filing weekly claims during the appeal! I stopped filing after my initial denial. Does this mean I won't get back pay for those weeks?
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MidnightRider
You should still get your back pay even if you didn't file weekly claims during appeal, but it might take longer for them to calculate everything. I won my appeal in September and it took about 3 weeks to see the money. The administrative law judge decision is binding so once NYS Department of Labor gets it they have to pay out.
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Yuki Tanaka
•That's such a relief to hear! I was panicking thinking I messed everything up by not filing those weekly claims.
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Andre Laurent
If you're having trouble getting through to NYS Department of Labor to check on your appeal status, I had good luck with a service called Claimyr (claimyr.com). They help you actually reach a real person at the unemployment office instead of getting stuck in phone hell. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get answers about my appeal timeline when I couldn't get through on my own.
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Zoe Papadopoulos
ugh the whole appeal process is such a nightmare... took me 4 months from filing to actually getting paid and that was WITH winning my hearing. NYS Department of Labor moves at the speed of molasses even when you prove they were wrong the first time
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Yuki Tanaka
•4 months?? That's terrifying. I really can't wait that long for the money.
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Jamal Washington
Just went through this myself actually! Won my hearing in November and got my first back pay deposit exactly 18 days later. Then regular benefits started the following week. Make sure your direct deposit info is updated in your my.ny.gov account because they'll send it electronically if possible.
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Sofia Hernandez
Hey Yuki, I just went through a similar situation with NYS Department of Labor back in August. My appeal hearing was for wrongful termination too (they initially said I was fired for cause but it was actually a layoff). After I won my hearing, it took about 16 days to get the back pay deposited and then regular weekly benefits resumed automatically. One thing that really helped speed things up was calling the Telephone Claims Center right after I got my favorable decision letter to make sure they had all my banking info correct. The judge's decision is legally binding so NYS DOL has to pay out, but sometimes there are small administrative delays. Hang in there - sounds like your hearing went really well so you should be getting that money soon!
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Natasha Petrov
•Thanks Sofia, that's really helpful to know! 16 days sounds much more reasonable than 4 months. I'll definitely call the Telephone Claims Center once I get my decision letter to double-check my banking information. Did you have any issues reaching someone when you called, or were you able to get through pretty easily?
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Carmen Vega
I'm going through something similar right now - my appeal hearing is scheduled for next week and I'm so nervous! It's encouraging to hear that your hearing went well and the judge seemed to side with you. The whole process has been such a stress nightmare, especially when you're already dealing with financial pressure. From what I've read in other posts here, it seems like the timeline can vary quite a bit depending on how backlogged NYS Department of Labor is, but most people are seeing their money within 2-4 weeks after a favorable decision. Really hoping you get your back pay soon - being behind on rent while waiting for unemployment benefits that should have been yours all along is just awful.
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Anastasia Fedorov
•Good luck with your hearing next week Carmen! I know exactly how nerve-wracking it is, but if you have your documentation organized like it sounds like Yuki did, you should do fine. The administrative law judges really do want to get to the truth of what happened. One tip - make sure you have copies of everything and speak clearly during the hearing. The whole system is definitely stressful when you're already struggling financially, but hang in there! It sounds like there's light at the end of the tunnel for both you and Yuki.
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Brianna Schmidt
I'm also dealing with an appeal right now - my hearing is in two weeks and reading about your experience gives me hope! It's so frustrating when employers misreport the reason for termination to NYS Department of Labor. From what I've seen in this community, the timeline after a favorable decision seems to range from 2-4 weeks for most people, though some have experienced longer delays. The fact that the judge seemed to agree with you during the hearing is a really good sign. I'd recommend keeping detailed records of all your interactions with NYS DOL throughout this process - it can help if there are any hiccups with getting your benefits processed. Really hoping you get your decision letter and back pay soon so you can catch up on rent!
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Katherine Ziminski
•Thanks Brianna! It really is frustrating when employers don't report things accurately - it just creates unnecessary stress and delays for people who are already dealing with job loss. Your advice about keeping detailed records is spot on. I've been documenting everything including dates of calls, reference numbers, and who I spoke with. Good luck with your hearing in two weeks! From what I learned during my hearing, having all your documentation organized and being able to clearly explain the timeline of events really helps. The judges seem pretty good at seeing through employer BS when you have the evidence to back up your story.
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