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Need to file complaint against NY unemployment - is writ of mandamus an option?

I've been trying to get my unemployment issue resolved for 4 months now and I'm at my wits end. Got laid off in September after my company downsized. Initially my claim was going smoothly but then in October everything stopped. My weekly certifications show as 'pending' with no payments being released. I've called at least 40 times, always getting disconnected or waiting for hours just to speak with someone who can't help. I've sent 12 emails through their contact form and only received automated responses. I've even reached out to my state representative whose office just told me 'they're looking into it' three weeks ago. I'm hearing about something called a 'writ of mandamus' that might force them to do their job and process my claim. Has anyone successfully filed one against the DOL? Do I need a lawyer? Is there a specific process for filing formal complaints that actually gets results? I'm about to lose my apartment and my savings are completely depleted. I need someone at unemployment to actually look at my claim and fix whatever is wrong!

I was in limbo for 3 months with ny unemployment. Nothing worked until I used this service called Claimyr (claimyr.com). They got me through to an actual agent who fixed my claim in one call. It was the best money I ever spent to finally get my benefits released. They have this system that calls for you and then connects you once there's a real person. Here's a video about how it works: https://youtu.be/Rdqa1gKtxuE

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wait does this actually work? i've been trying to get through for weeks...

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sounds like one of those ads that pops up everywhere. anyone ACTUALLY try this? 🤔

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It's 100% real. I was skeptical too, but I was desperate after 3 months of nothing. They don't do anything except connect you to a live agent - YOU still handle your own claim. My benefits started coming through 2 days after the call.

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hmm I've been burned by so many of these 'services' before... what makes this different?

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The difference is they don't ask for any personal info or claim details. They literally just get you past the phone tree and hold times. You talk directly to DOL yourself.

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not falling for another unemployment 'hack'... these never work

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I used it too! Was on hold for 2 days straight before I found claimyr.com - got through to someone in like 2 hours after I signed up.

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A writ of mandamus is a legal action that can compel a government agency to perform their legal duties, but it's pretty complex. You'd definitely need an attorney, and it's usually seen as a last resort when all administrative remedies are exhausted. Before going that route, I'd suggest: 1) Document EVERYTHING - dates, times, who you spoke with, confirmation numbers 2) Contact your state senator AND assembly person (not just one representative) 3) File a formal complaint with the NY Department of Labor - make sure to reference all your previous contact attempts 4) If you're still not getting results, many legal aid organizations offer free help with unemployment issues 5) As a last resort before mandamus, consider reaching out to local media - sometimes public pressure works If you're desperate to talk to someone immediately, services like claimyr.com can get you connected to an agent faster than waiting on hold yourself. Getting a live person on the phone is often the fastest way to resolution. Mandamus is expensive and slow - could take months - so try everything else first.

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THIS!!! The local state senator route worked for me but took like 3 weeks.

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thanks for the detailed response. I've already done steps 1-3 with no luck. Might try legal aid next.

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Calling your reps works IF you get the right staff member. If they blow you off just call back and try to get someone else.

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So my cousin works for the DOL (not in NY) and says that when your account says 'pending' for that long it usually means there's an identity verification problem or a flag on your account for possible fraud. Have you received any letters or emails asking you to verify identity?

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No I havent received anything asking for ID verification. How do I check if there's a fraud flag?

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You probably cant see it on your end. You NEED to talk to someone. Its burried in their system. They might not even mention 'fraud' specifically, but might say 'theres an issue we need to clear up'

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this happened to me too. turned out someone in another state filed using my SSN and it auto-flagged my legit claim. took 2 months to clear up 😭

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identity verification problems are super common with ny unemployment. you need to actually talk to an agent to fix it.

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Try contacting the office of the NY Attorney General. My claim was stuck for FIVE months and I filed a complaint with them. Got a call from a DOL supervisor within a week and they fixed everything. The regular phone lines are useless.

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mandamus is WAY overkill unless youve already tried everything else. it'll cost you thousands in legal fees and take forever. i got my issue fixed by emailing my assembly person every single day for two weeks straight until they got annoyed enough to actually help lol

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This works 💯 The squeaky wheel gets the grease with these people

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FACTS. you gotta be the biggest pain in their ass possible or they ignore you

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i was in ur EXACT situation. ended up driving to a DOL office in person (the one in brooklyn) and refused to leave until someone helped me. wasn't pretty but it worked 🤷‍♂️

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did they actually help you tho? I thought you couldn't do unemployment stuff in person anymore

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they dont technically do UI in person BUT if you make enough noise they'll eventually get someone on the phone from the UI department while youre there. took 3 hours of waiting but worked

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this is lowkey brilliant. might try it next week.

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Anyone else notice how the ny unemployment system mysteriously works perfectly until you have any kind of issue? Then suddenly nobody can help and you're stuck in an infinite loop of automated messages and clueless agents 🤡

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By design. They hope you'll give up and go away.

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its actually insane how bad the system is. like we're in 2023 and they act like computers were just invented

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lmao so true. it's like the website was built in 1997 and never updated 😂

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Write to your state representatives AND the governor's office. Be SUPER specific in your email. Include your claim number, last 4 of SSN, address, phone #, exact dates, and exactly what the problem is. I did this and got a call back from DOL executive office within 48 hours.

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yo have you tried calling right when they open? I got through after only 45 min on hold by calling at exactly 8:00:00 am

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Tried that multiple times. Either get a busy signal or end up on hold forever only to get disconnected.

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Gotta use multiple phones at once. I had my cell, my wife's cell, and our landline all dialing at 7:59am and one got through while the others got busy signals.

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i heard wednesdays are supposedly less busy than mondays

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Writ of mandamus seems extreme TBH. Have you filed a complaint through the official channels? There's a form on the DOL website specifically for complaints about UI processing delays. Thats what finally worked for me.

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Yes I've filed 3 official complaints. Got auto-responses each time but no actual follow-up.

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that sucks. keep trying different avenues then. the system is designed to wear you down so they don't have to pay benefits.

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LISTEN UP! I work in a law office that handles UI issues. Here's what you do: send a CERTIFIED letter to the Commissioner of Labor (address on their website) explaining your situation. Cite specific sections of the NY labor law they're violating with the delay. Include the phrase "failure to process my claim in a timely manner violates my due process rights." They legally have to respond to these types of letters. We've helped dozens of clients get unstuck this way.

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This is actually genius 👀

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can confirm this works. did exactly this and suddenly my claim was "unstuck" after months of nothing

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Thank you! Do you have any specific sections of the labor law I should cite?

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NY Labor Law § 590(1) requires prompt payment of benefits to eligible individuals. Also cite federal law 42 U.S.C. § 503(a)(1) which requires UI to be paid "when due".

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idk about mandamus but I filed a complaint with the state ombudsman and that actually helped. took about 3 weeks but someone from DOL called me and fixed everything.

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After 2 months of nothing I paid for claimyr.com to connect me with someone. Talked to a rep who fixed my claim in 20 minutes. Some issue with my identity verification that nobody bothered to tell me about 🙄

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Deadass? Might try this. their website looks legit.

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PrinceJoe

another day, another company promising to fix the unfixable unemployment system lol

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It's not fixing anything - they just connect you to an actual DOL person so YOU can fix your claim. Beats calling for weeks straight.

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Bro the whole system is DESIGNED to be impossible to navigate. They make it hard on purpose so people give up. Don't give up. Call every day, email every day, contact every govt official you can think of until someone helps.

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you absolutely CAN file a writ of mandamus. i did it pro se (without a lawyer) and won. court ordered DOL to process my claim within 10 days. but it took 2 months from filing to resolution so maybe try faster options first

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REALLY? Can you DM me details about how you did it? Were there filing fees?

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i'm skeptical... NY courts are insanely backlogged. was this recently?

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This was last year. Yes there are filing fees but you can apply for fee waiver if broke. The trick is filing in the right court (has to be Supreme Court in your county) and naming the right respondents.

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man i swear NY unemployment system purposely makes their phone system drop calls when wait times get too long. after like an hour on hold i'd get a 'we're sorry, all representatives are busy, please call back' and disconnected EVERY TIME

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FACTS!!! I swear the phone system has a max wait timer

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This happens ALL THE TIME. it's infuriating. I literally screamed when it happened on my 5th call of the day

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A writen mandamus? is that like a court order? idk much about legal stuff but that seems like a lot of work when you could just hire one of those unemployment advocates. My sister used one and they handled everything for her

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It's "writ" not "written" lol. And unemployment advocates charge like 30% of your benefits... not worth it imo

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oh lol yeah writ whatever. I just kno ny unemployment is impossible to deal with alone

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So I was about to throw my phone after 3 hours on hold when my buddy told me about claimyr.com. Used it and got through to an actual human who fixed my claim that had been 'pending' for 6 weeks. Best $20 I ever spent to unlock thousands in benefits. They just call for you and connect you when a real person answers.

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wait hold up - does this actually work or is it just the usual BS?

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100% works. They just handle the calling and waiting part. You still talk to the DOL agent yourself to fix your claim. Beats spending days on hold.

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I tried it too - got through to someone in about 90 mins. My claim was fixed same day after weeks of nothing.

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