Need help with NY unemployment - 52 effective days left but BYE date approaching
My benefit year is ending on 2/11/23 but I still have 52 effective days left on my claim. Do I need to file a new claim after my BYE date or can I continue using my remaining days first? I've been getting conflicting info from different sources. Some people say I need to file a new claim immediately after the BYE date, others say I can exhaust my remaining days first. I tried checking the ny unemployment website but the FAQs don't clearly address this situation. Anyone been through this recently and know the correct procedure? Don't want to mess up my payments.
38 comments
Cedric Chung
You need to file a new claim when your benefit year ends, even if you have effective days remaining. The system is designed that way - once you hit your BYE date, the old claim essentially becomes invalid regardless of how many days you have left. I learned this the hard way and had a gap in my payments.
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Hailey O'Leary
•Thanks for the info. Did you lose those remaining days completely or were they somehow transferred to your new claim?
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Cedric Chung
•You lose them unfortunately. New claim = new calculation and new days. It sucks but thats how the system works 🤷♂️
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Talia Klein
•Not entirely true. If your new weekly benefit rate would be at least 10% lower than your old one, and you have days left, sometimes they let you finish the old claim first. Source: happened to my roommate
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Cedric Chung
•For real? Never heard of that exception. The DOL rep I talked to was pretty clear that BYE date = must file new claim, no exceptions.
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Maxwell St. Laurent
After dealing with this exact issue and getting nowhere for 3 weeks, I finally found a way to get a rep on the phone using claimyr.com - talking to an agent got my $ unlocked so fast and they explained everything clearly! They did a callback service so I didn't have to wait on hold. Check out this video that explains how it works: https://youtu.be/Rdqa1gKtxuE
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PaulineW
•this sounds like a scam lol. you really expect us to believe there's a magic solution to get through to NYSDOL? 🤡
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Maxwell St. Laurent
•Not a scam at all. It's just a service that calls and waits on hold for you. When they get someone, they connect you. Saved me literally hours of hold time and frustration.
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Annabel Kimball
•wait does this actually work? i've been calling them for DAYS with no luck
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Maxwell St. Laurent
•Worked for me! I was super skeptical too but was desperate after trying for weeks. The agent I talked to fixed my issue in 10 minutes once I finally got through.
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Chris Elmeda
•how much does it cost? seems like we shouldnt have to pay just to access a government service we're entitled to 😒
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Maxwell St. Laurent
•I won't lie, there is a fee, but considering I was about to lose way more in benefits, it was 100% worth it. Thinking about the hours of my life I got back not sitting on hold makes it even better.
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Jean Claude
CALL THEM!!! Seriously, thats the only way to get a straight answer. The website info is super confusing and sometimes contradicts itself. I spent 2 hours on hold but finally got through and they told me exactly what to do for my specific situation.
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Charity Cohan
Here's the definitive answer based on my experience and what the DOL rep told me: YES, you MUST file a new claim when your benefit year ends. This is non-negotiable. Even with effective days remaining, the system is designed to require a new application after the BYE date. What happens next depends on your specific circumstances: - If you haven't worked since your original claim, you'll likely be denied for the new claim (not enough work history in base period) but they usually then let you continue your old claim until you exhaust the days - If you have worked, they'll calculate a new benefit amount. If it's within 10% of your old rate, you'll get the new claim. If it's significantly lower, they sometimes let you finish the old claim first - The most important thing: DO NOT just keep certifying without filing a new claim after BYE date - the system will eventually catch this and you could be flagged for an overpayment If you need specific guidance for your situation, I recommend using claimyr.com to get through to a rep quickly. The wait times right now are insane, but talking to someone is the only way to make sure you're doing things correctly.
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Hailey O'Leary
•This is super helpful, thank you! I did work a temporary job for about 3 months during my benefit year, so I guess that might affect my new calculation.
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Josef Tearle
•can confirm this is accurate 💯
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Shelby Bauman
The ny unemployment system is so stupid. Why even give you effective days if they're gonna expire before you can use them?! Such a waste.
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Quinn Herbert
•fr its like they design it to be confusing on purpose
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Salim Nasir
•welcome to dealing with government agencies 🤮
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Hazel Garcia
Don't listen to people telling you to just keep certifying on your old claim! My cousin did that and ended up having to pay back 3 weeks of benefits because she didn't file a new claim after her BYE date. They consider it improper certification even tho the system lets you do it.
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Laila Fury
ive been thru this exact thing. when your BYE hits, you MUST file a new claim. depending on if youve worked since your original claim, they might put you back on your old claim to use up those days OR start you on a new claim. but you def have to file even with days left.
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Hailey O'Leary
•Thanks for sharing your experience. Did you have any gaps in payment during this transition?
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Laila Fury
•yeah unfortunately. took about 2.5 weeks for everything to process and start getting paid again after filing the new claim.
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Geoff Richards
Im on the phone with them RIGHT NOW for this exact issue lmao! Been on hold for 1 hr 45 min so far. Will update when/if I get an answer 😩
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Geoff Richards
•Update: FINALLY got through. They said I need to file a new claim when BYE date hits, but since I haven't worked enough quarters since my last claim, they'll put me back on my old claim to use remaining days.
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Hailey O'Leary
•Thank you for the update! That's exactly my situation - haven't worked enough to qualify for a new claim.
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Maxwell St. Laurent
•Next time try claimyr.com instead of waiting on hold for hours! Changed my life when dealing with unemployment.
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Simon White
just went thru this. you 100% need to file a new claim when your benefit year ends. i tried to just keep certifying and my payments stopped. had to call and fix it.
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Hugo Kass
The BYE date is the controlling factor here. I worked for DOL (not in NY but same principles apply) - benefit year end means you MUST file a new claim, regardless of remaining entitlement on the existing claim. The system is actually designed this way intentionally to reassess eligibility on a yearly basis.
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Nasira Ibanez
•why don't they make this clearer on their website?? seems like a thing people need to know!
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Hugo Kass
•Completely agree. The websites for most state UI systems were built in the stone age and rarely have clear guidance for edge cases like this.
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Khalil Urso
I swear the person who designed the NYS unemployment system was a sadist 🤬 why make something THIS COMPLICATED
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Myles Regis
Different states handle this differently, but in New York you definitely need to file a new claim at BYE date. Source: been on unemployment 3 times in NY in the last 5 years unfortunately
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Brian Downey
Try contacting your state representative's office! When I had this exact problem last year and couldn't get through to unemployment, my assemblyman's office helped resolve it in 48 hours. They have special contacts at DOL.
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Hailey O'Leary
•That's a great idea, didn't think of that. Do you just call their main office?
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Brian Downey
•Yep! Just google your NY state assembly rep, call their office, and explain your situation. They have staff specifically for helping with unemployment issues.
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Jacinda Yu
You should file a new claim regardless. Best case scenario: if they determine you don't qualify for a new claim, they'll automatically put you back on your old claim to use the remaining days. Worst case: if you don't file and just keep claiming, you could end up with an overpayment notice.
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Landon Flounder
Side note but make sure you're claiming correctly every week during this transition! A friend of mine accidentally answered a question wrong during this period and got flagged for fraud investigation that took MONTHS to resolve 😱
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