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Yuki Tanaka

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.

Carmen Ortiz

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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

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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

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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

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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

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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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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

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4 months?? That's terrifying. I really can't wait that long for the money.

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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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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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Gemma Andrews

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I went through a very similar appeal process with NYS Department of Labor earlier this year after being wrongfully denied for "job abandonment" when I was actually laid off. My hearing was in July and the judge ruled in my favor. The whole process from hearing to receiving back pay took about 22 days, which included getting the written decision and then NYS DOL processing everything. One tip that really helped me was calling their customer service line about a week after receiving the favorable decision letter just to confirm they had received it and my claim was being updated in their system. Sometimes there can be small administrative delays between the judge issuing the decision and the benefits department actually processing it. Also make sure to keep checking your online account at my.ny.gov - that's where you'll see your claim status change from "denied" to "approved" before the money actually hits your account. The waiting is definitely stressful especially when you're behind on bills, but it sounds like your hearing went really well so you should be getting good news soon!

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