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Luca Ferrari

NYS Department of Labor how to backdate unemployment claim - missed filing deadline

I got laid off from my warehouse job on December 3rd but didn't file my unemployment claim until January 8th because I thought I'd find work quickly. Now I'm realizing I missed out on 5 weeks of benefits that I really need. Is there any way to backdate my NYS Department of Labor claim to my actual separation date? I've heard mixed things about whether they allow this. Has anyone successfully gotten their claim backdated?

Nia Wilson

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Yes, NYS Department of Labor does allow backdating in certain circumstances. You'll need to provide 'good cause' for the delay in filing. Valid reasons include illness, lack of internet access, or being given incorrect information. You should call them immediately and explain your situation. Document everything - your layoff date, why you delayed filing, and any attempts you made to find work during that period.

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Luca Ferrari

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Thank you! What kind of documentation do they typically want? I have my termination letter with the December 3rd date.

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ugh same thing happened to me but they only let me backdate 2 weeks not the full month i waited... depends on who you talk to i guess

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Aisha Hussain

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The key is demonstrating 'good cause' for the delay. NYS Department of Labor considers factors like medical emergencies, being given wrong information by an employer, or technology barriers. Simply thinking you'd find work quickly usually isn't considered good cause, but if you can show you were actively job searching or had other valid reasons, you might have a chance. Submit form IA 12.3 along with supporting documentation.

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Ethan Clark

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Wait, do I need to fill out a separate form for backdating or can I just call them? I'm so confused about all these forms.

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StarStrider

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I had to backdate mine last year when I couldn't get through their phone system for 3 weeks straight. After trying everything else, I used a service called Claimyr (claimyr.com) that got me connected to an actual NYS Department of Labor agent within hours. They were able to process my backdate request right on the call. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me weeks of frustration.

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Luca Ferrari

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How much does something like that cost? At this point I'm desperate to talk to someone.

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StarStrider

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It was totally worth it for me - way less than what I would have lost by not getting those backdated weeks approved.

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Yuki Sato

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The whole system is ridiculous! They make it impossible to get through on the phone then punish you for filing late. I've been trying to call for my own backdating issue for 2 weeks now.

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Carmen Ruiz

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Just keep calling. I finally got through yesterday after 47 attempts over 3 days. The agent said they're seeing a lot of backdate requests right now so there might be delays in processing even if you qualify.

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I successfully backdated my claim last month after being laid off in November but not filing until mid-December. The key thing that helped me was having documentation showing I was actively job searching during the gap - I saved screenshots of job applications, emails from potential employers, and kept a log of networking calls I made. When I finally got through to speak with someone (took about 8 days of calling), they were able to approve the backdate because I could prove I was genuinely looking for work and wasn't just ignoring my unemployment situation. Make sure you have your termination paperwork ready and any evidence that shows you were trying to find employment during those 5 weeks.

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