What happens when my unemployment claim balance runs out - NYS Department of Labor options?

So I should file the new claim before my balance hits zero or wait until after? I'm worried about messing something up.

What if you didn't work at all during the benefit year? Are you just out of luck?

If you didn't work enough to qualify for a new claim, they'll check if Extended Benefits are available. It depends on the state's unemployment rate. If EB isn't available, then yes, your benefits would end until you work enough to qualify again.

I had the same problem with calling NYS Department of Labor until someone told me about Claimyr (claimyr.com). It's a service that calls for you and gets you connected to an actual agent. I was skeptical at first but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through to someone at NYS Department of Labor in like 20 minutes and got all my questions answered about my claim exhaustion. Definitely worth it when you can't afford to wait weeks for answers.

No automatic extensions for regular unemployment. Those were emergency programs during COVID that ended in 2021. Now it's back to the regular system - you get 26 weeks maximum unless Extended Benefits kick in during high unemployment periods.

I feel you on the job search thing. Some weeks I'm literally applying to jobs I'm overqualified for just to meet the requirement.

This is really helpful advice! I'm in a similar situation with about 3 weeks left on my claim. Quick question - when you say "gather all your employment info beforehand," do you mean just from the current benefit year or do they ask for your full work history? I've had a few different part-time jobs during my unemployment and I'm worried I might miss something important on the application.

@241780f70af5 Thank you for sharing your experience! That's really reassuring to hear it went smoothly for you. I'm definitely going to start my new claim process early like you suggested. Quick question - did you notice any difference in your weekly benefit amount when you started the new claim? I'm hoping the part-time work I did might actually increase my benefits since my original claim was based on much lower earnings from before I was laid off.

@241780f70af5 This is exactly what I needed to hear! I'm down to about 2 weeks left and have been panicking about the whole process. Did you have to wait long for them to process your new claim? I keep reading horror stories about people waiting weeks or even months for their new claims to be approved. Also, when you say there was no gap in payments, did your new weekly amount kick in right after your old balance hit zero, or was there still some delay? I really can't afford any interruption in benefits right now.

@241780f70af5 This is super helpful, thank you! I'm curious about the part-time work requirement - how many hours or how much earnings do you think is typically needed to qualify for a new claim? I worked about 15-20 hours a week for maybe 4 months during my benefit year, but I'm not sure if that's enough. Did NYS Department of Labor give you any indication of the minimum requirements when you applied? I'm trying to figure out if I should even bother applying or if I should just prepare for my benefits to end.

@241780f70af5 This is exactly the kind of detailed experience I needed to hear! I'm in almost the same boat - about $600 left on my current claim and I worked part-time at a retail job for about 5 months during my benefit year. Your advice about starting early is gold because I was planning to wait until the last minute. One thing I'm wondering about - did you have to provide pay stubs or other documentation for the part-time work you did, or does NYS DOL pull that information automatically from their systems? I want to make sure I have everything ready when I submit the application. Also, did your new weekly benefit amount end up being higher than your original claim since it was based on more recent earnings?

@241780f70af5 This is really encouraging to hear! I'm in a similar situation with about 4 weeks left on my claim. I worked part-time as a delivery driver for about 6 months during my benefit year, so hopefully that's enough to qualify. One question - when you filed the new claim, did you have to stop certifying for your current claim right away, or could you continue certifying for both until the old one ran out? I've heard conflicting information about this and I'm worried about accidentally creating some kind of issue with overlapping claims. The last thing I want is to mess up the system and end up with no benefits at all.

@7235e8023fa9 This is incredibly helpful information, thank you! I had no idea about the 10 times weekly benefit rate requirement - that's a very specific threshold I haven't seen mentioned anywhere else. Quick question: is that 10 times your current weekly benefit amount, or 10 times what your new weekly benefit would be? For example, if I'm currently getting $300/week, would I need to have earned at least $3,000 during my benefit year to qualify for a new claim? Also, you mentioned Extended Benefits - are those still tied to the state unemployment rate, or have the criteria changed recently? I'm trying to understand all my options before my balance runs out in a couple weeks.

@c2ca6f8380fe Your new weekly benefit amount will be calculated based on your earnings during the "base period" for your new claim, which typically includes the most recent 4 completed calendar quarters before you file. So if your part-time grocery store work was your only earnings during that period, yes, your weekly benefit will likely be lower than your original claim that was based on your full-time job. However, there's a silver lining - if you were earning more per hour at the grocery store than your original job (even if working fewer hours), or if you got any raises during those 7 months, it might not be as big a drop as you think. The good news is that 20-25 hours per week for 7 months should definitely meet the earnings requirement to qualify for a new claim. I'd recommend using the NYS DOL benefit calculator on their website to get a rough estimate of what your new weekly amount might be before you file. That way you can budget accordingly and won't be surprised by the amount.

@c2ca6f8380fe I was in almost the exact same situation last year! Had about 2.5 weeks left and worked part-time retail during my benefit year. The calculation will be based on your most recent earnings (the grocery store job), so yes, your weekly amount will likely be lower. In my case, I went from $385/week to $240/week with the new claim. It was definitely a hit to my budget, but honestly, getting $240/week was still way better than getting $0. The part-time work you did should absolutely qualify you for a new claim - 7 months at 20-25 hours sounds like it would easily meet the earnings threshold. Just make sure when you file online that you have all your employment dates and wage info ready. The application asks for pretty detailed information about each employer during your base period. Also, don't stress too much about the lower amount - you can always look for additional part-time work to supplement while you continue job searching for something full-time.

@23a66e49c12f This is super helpful to know about the phone interview! I'm getting ready to file my new claim and had no idea they might flag it for an interview when you've worked part-time. Three weeks seems like a long time to wait - did you have any gap in payments between when your old claim ran out and the new one started? Also, that's a great tip about screenshotting the old claim summary. I'm definitely going to do that this week before I file. Quick question - during the phone interview, did they ask about why you took the part-time work or were they mainly just verifying the employment details? I want to make sure I'm prepared for what they might ask.

@c9805b824a32 I can help answer your question about freelance/contract work! Unfortunately, 1099 contract work typically doesn't count toward establishing a new unemployment claim in New York because unemployment benefits are funded by employer payroll taxes, and independent contractors don't pay into that system. The work history they look at for new claims is specifically W-2 employment where unemployment taxes were withheld. Even though you reported the earnings during your weekly certifications (which was the right thing to do), it won't help you qualify for a new benefit year. However, don't panic yet - if you don't qualify for a new claim, NYS DOL will automatically check if Extended Benefits are available, though that depends on the state's unemployment rate. You might also want to look into filing for Pandemic Unemployment Assistance (PUA) if it's still available for freelancers, though I think most of those programs have ended. Your best bet is probably to try that Claimyr service someone mentioned earlier to actually get through to a DOL representative who can give you definitive answers about your specific situation.

@c9805b824a32 Unfortunately @StarStrider is correct about 1099 work not counting toward a new UI claim in NY. I learned this the hard way when I exhausted my benefits last year after doing freelance consulting work during my benefit year. The earnings requirement specifically needs to be from W-2 employment where UI taxes were paid. However, I'd still recommend filing the new claim application anyway - sometimes people forget about small W-2 jobs they had (even just a few shifts somewhere), and the system will catch any qualifying wages automatically. Worst case, they'll deny the new claim but then evaluate you for Extended Benefits if available. Also, since you've been freelancing successfully, you might want to consider transitioning that into a more stable self-employment situation while continuing your full-time job search. At least you have some income coming in, which is better than many people in this situation.

@c9805b824a32 I'm actually in a very similar situation with freelance work during my benefit year! I've been doing freelance writing (also 1099) and was worried about the same thing. From what I've researched and heard from others, the previous commenters are right that 1099 work typically doesn't establish a new UI claim. However, I did find out that if you had ANY W-2 employment during your benefit year - even just a few days or a temporary gig - that might be enough to qualify. Think back to any odd jobs, temp work, or even a brief trial period at a company. Sometimes people forget about short-term W-2 employment. Also, I've heard that NYS DOL has been more flexible in some cases during the review process, so it's definitely worth applying even if you're not 100% sure you'll qualify. The worst they can say is no, and then at least you'll know for certain what your options are. Have you considered reaching out to any local workforce development centers? They sometimes have direct contacts at DOL who can give clearer guidance on edge cases like ours.