NYS Department of Labor unemployment appeals - how often do they get overturned?
I got denied unemployment benefits and I'm thinking about appealing the decision. Before I go through all the paperwork and stress, I'm wondering - what are the actual chances of winning an appeal with NYS Department of Labor? Does anyone know the statistics on how often unemployment appeals get overturned? I feel like my case is pretty strong but I don't want to waste time if appeals rarely succeed.
12 comments


Aria Khan
Appeals have a decent success rate if you have proper documentation. From what I've seen, probably around 40-50% of appeals get at least partially overturned. The key is having all your paperwork in order and clearly explaining why the initial decision was wrong. What was the reason for your denial?
0 coins
Reginald Blackwell
•They said I was terminated for misconduct but it was really a personality conflict with my supervisor. I have emails showing they were targeting me unfairly.
0 coins
Everett Tutum
I won my appeal last year! It took about 6 weeks but the hearing officer overturned NYS Department of Labor's original decision. The success rate depends a lot on the type of denial - misconduct cases are harder to win than simple eligibility issues, but it's definitely worth trying if you have evidence.
0 coins
Sunny Wang
•How was the hearing process? I'm nervous about having to speak in front of a judge or whatever.
0 coins
Everett Tutum
•It's not scary at all - the hearing officer was actually pretty fair and let me explain my side. Just be honest and stick to the facts.
0 coins
Hugh Intensity
I've been trying to get through to NYS Department of Labor for weeks to even understand why my claim was denied in the first place. The phone system is impossible! Someone told me about this service called Claimyr (claimyr.com) that helps you actually reach a human agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out before filing your appeal so you can get more details about your case.
0 coins
Effie Alexander
•Never heard of that but honestly anything is better than sitting on hold for 3 hours just to get hung up on
0 coins
Melissa Lin
depends what you got denied for... if its something obvious like you quit without good cause then yeah your probably not gonna win. but if its something questionable like they said you didnt look for work enough or whatever then you might have a shot
0 coins
Lydia Santiago
The whole appeals process is just another way for them to delay paying out benefits. I went through it twice and lost both times even though I had evidence. NYS Department of Labor hearing officers seem to side with employers most of the time.
0 coins
Aria Khan
•That's not been my experience or what I've heard from others. The hearing officers are supposed to be neutral and many do overturn initial decisions when the evidence supports it.
0 coins
Fatima Al-Maktoum
I work as a paralegal and have helped several people with unemployment appeals in NY. The success rate really varies by case type, but I'd estimate around 35-40% get overturned or modified. For misconduct cases specifically, you'll want to focus on proving that your actions didn't rise to the level of willful misconduct that would disqualify you from benefits. Those emails you mentioned showing targeting could be really valuable evidence. The appeals process usually takes 4-8 weeks, and you can represent yourself or bring someone to help. Even if the odds aren't perfect, if you believe you have a valid case it's definitely worth pursuing - the worst that happens is you're in the same position you're in now.
0 coins
Maya Lewis
•This is really helpful advice! I'm curious - when you say "willful misconduct," what exactly does that mean in NY? I'm dealing with a similar situation where my employer is claiming I was insubordinate, but I feel like I was just standing up for myself against unfair treatment. How do hearing officers typically distinguish between personality conflicts and actual misconduct?
0 coins