NYS Department of Labor unemployment appeal was reversed - when do I get paid the back benefits?
Just got word that my unemployment appeal was reversed in my favor after being denied for 8 weeks. The administrative law judge ruled that my termination didn't constitute misconduct and I should have been getting benefits this whole time. My question is - when will NYS Department of Labor actually start paying me? Do I get all the back pay from when I first filed or do I need to do something else to get those payments released? I've been struggling financially this whole time and really need to know what to expect.
13 comments


Miguel Castro
Congratulations on winning your appeal! NYS Department of Labor should process your back payments within 2-3 weeks of the reversal decision. You'll receive all the weekly benefits you were entitled to from your original claim date, minus any weeks you didn't certify. Make sure you continue filing your weekly claims during this processing period.
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Ava Williams
•Thank you! Should I expect one lump sum payment or will they pay it out weekly? And do I need to call them or will it just show up automatically?
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Zainab Ibrahim
I went through this exact situation last year. It took about 10 business days after my appeal was reversed before I saw the money. They paid me everything as one big direct deposit - all 6 weeks of back pay at once. Just keep filing your weekly claims like normal and check your payment history on the my.ny.gov portal every few days.
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Connor O'Neill
•That's exactly what happened to me too! One big payment for all the weeks I missed, then regular weekly payments started up again.
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LunarEclipse
be careful though sometimes they mess up the back pay calculation and you have to fight them again... happened to my neighbor, they shorted her 2 weeks and she had to file another appeal just to get what she was owed
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Ava Williams
•Oh no, that's exactly what I'm worried about. How would I even know if they calculated it wrong? Is there a way to check before accepting the payment?
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Yara Khalil
If you're having trouble getting through to NYS Department of Labor to check on your payment status, I had success using claimyr.com when I needed to speak to an actual agent about my appeal results. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was way easier than spending hours on hold trying to get through their regular phone lines.
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Keisha Brown
•never heard of this but honestly anything is better than calling NYS Department of Labor directly... spent 4 hours on hold yesterday just to get disconnected
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Paolo Esposito
FINALLY someone wins an appeal! The whole system is so backwards - you have to prove you deserve benefits you should have gotten in the first place, then wait forever to actually see the money. At least you'll get interest on the back pay... oh wait, that's right, they don't pay interest on delayed benefits even when it's their mistake!
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Ava Williams
•Wait, they don't pay interest? That doesn't seem fair since I've been without income for 2 months because of their wrong decision.
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Connor O'Neill
You should also double-check that they didn't charge you an overpayment penalty during the time you were denied. Sometimes the system gets confused after an appeal reversal and creates weird accounting errors.
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Freya Christensen
Congratulations on winning your appeal! I went through something similar a few months ago. In my experience, once the appeal was reversed, I received a notice in my online account within about a week showing the updated payment schedule. The back pay came as one lump sum about 2 weeks after that. Just make sure you keep certifying for benefits each week even while waiting - that was crucial for me to get everything I was owed. Also, screenshot everything in your account showing the reversal decision and payment amounts in case there are any discrepancies later. The whole process was frustrating but I did eventually get every penny I was entitled to from my original filing date.
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Jamal Wilson
•This is really helpful, thank you! So you're saying I should expect to see something in my online account first before the actual payment? And definitely good advice about screenshotting everything - I've learned not to trust that the system will keep accurate records after going through this whole appeal process. Did you have any issues with the lump sum amount being correct when you got it?
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