What actually happens when you appeal unemployment decision with NYS Department of Labor?
My claim got denied last month and I filed an appeal with NYS Department of Labor but I have no idea what comes next. The denial letter just said I could appeal within 30 days but didn't explain the actual process. Do I get a hearing? How long does it take? I'm really stressed about this because I need these benefits and I think they made a mistake on my case. Has anyone been through the appeal process before?
10 comments
Join the conversation
Lauren Johnson
The NYS Department of Labor appeal process has several steps. First, your appeal goes to an Administrative Law Judge (ALJ) who will schedule a hearing. You'll get a notice in the mail with the date and time, usually within 4-6 weeks. The hearing can be by phone or video. You'll have a chance to present your case and provide any documentation that supports your claim. The employer can also participate if they choose to. After the hearing, the ALJ will issue a written decision.
0 coins
William Schwarz
•Thanks for explaining! Do I need a lawyer for this or can I represent myself? I'm worried about the cost.
0 coins
Jade Santiago
i went through this last year and it took forever!! my hearing was scheduled like 8 weeks out and then the decision took another 3 weeks after that. but i won my case so it was worth waiting
0 coins
William Schwarz
•That's encouraging that you won! What kind of documentation did you bring to help your case?
0 coins
Caleb Stone
You can definitely represent yourself - most people do. Just make sure you have all your documentation organized: any emails, texts, or written communication with your employer, your termination letter if you have one, and anything that supports your version of events. The key is being prepared to clearly explain why you disagree with the NYS Department of Labor's initial decision. If you're having trouble getting through to check on your appeal status, I actually used a service called Claimyr (claimyr.com) that helped me get connected to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
0 coins
Daniel Price
•Never heard of that service before but might be worth checking out if the regular phone lines aren't working
0 coins
Olivia Evans
Make sure you keep filing your weekly claims even while your appeal is pending! A lot of people don't know this but if you win your appeal, you can get retroactive payments for all those weeks you were denied. If you stop filing weekly claims, you lose those weeks completely.
0 coins
William Schwarz
•Oh wow I didn't know that! I stopped filing because I thought there was no point. Can I restart them now?
0 coins
Sophia Bennett
The whole NYS Department of Labor appeal system is a joke honestly. They deny people for ridiculous reasons then make you jump through hoops to prove you deserve benefits you already earned. But yeah you gotta play their game if you want your money. Good luck with your hearing.
0 coins
Aiden Chen
Just be honest and stick to the facts during your hearing. The judges are usually fair and they've heard it all before. Don't get emotional or angry even if the employer says things that aren't true. Let the evidence speak for itself.
0 coins