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same boat here, filed last month and still waiting. at least you know what to expect now. the waiting is the worst part but once it gets going the payments come regularly
Don't panic - you're actually in a pretty normal spot right now! The "claim pending" status is typical for the first week or two. Here's what helped me when I went through this process: 1) Set up email/text alerts in your my.ny.gov account so you don't miss any requests for documents, 2) Start keeping a job search log RIGHT NOW even before approval - I use a simple spreadsheet with company name, position, date applied, and contact method, 3) File your weekly claim this Sunday regardless of pending status (this tripped me up initially), and 4) Be patient with the determination letter - mine took about 10 business days. The system is slow but it does work eventually. You've got this!
This is super helpful! I'm also new to this and was wondering - when you say "file your weekly claim this Sunday regardless of pending status" - do you mean every Sunday or just this coming Sunday? And is there a specific time I should do it by? I want to make sure I don't mess up the timing since @Zoe Papadakis mentioned she s'worried about doing something wrong too.
Does anyone know if this 4-hour rule applies to self-employment income too? I do some freelancing on the side and I'm trying to figure out how to properly report my hours.
Just wanted to add that if you're planning to adjust your work hours to stay under the 16-hour threshold, make sure to communicate with your employer about why you need specific hour limits. I had to explain to my manager that working 15 hours vs 16 hours makes a $187 difference in my weekly benefits. Most employers are understanding once you explain the situation, especially if you're a reliable worker. Some even prefer part-time employees who are clear about their availability limits. Also, keep track of EVERY minute you work - including training time, meetings, and even time spent reading work emails at home, as all of this counts toward your total hours reported to NYSDOL.
This is really good advice about communicating with employers! I wish I had known about tracking every single minute before I got into this mess. Question for you - when you say "time spent reading work emails at home" counts, does that mean if I check my work schedule on my phone for like 5 minutes, I need to report that too? I'm starting to realize I might have been under-reporting my actual work time without even knowing it.
Same thing happened to my brother last year except his was only like $800. He just paid it right away to avoid the hassle but now I'm wondering if he should have appealed it first. These overpayment letters seem pretty common unfortunately.
I had a similar overpayment issue with NYS Department of Labor about 18 months ago. My advice: don't panic, but do act quickly within that 30-day window. First, gather ALL your documentation - weekly claim forms, correspondence, pay stubs, anything that shows you reported correctly. Second, call the overpayment unit directly (different from regular unemployment line) - the number should be on your notice. Third, if you truly believe you reported everything correctly, absolutely file an appeal AND request a waiver simultaneously. You can do both. The waiver process looks at whether the overpayment was due to agency error or circumstances beyond your control. Even if the waiver is denied, having documentation ready helps with setting up a reasonable payment plan. Don't let them intimidate you - you have rights in this process.
This is really helpful advice! I'm curious about the waiver process - what kind of circumstances beyond your control did they accept? I'm worried that even though I reported everything correctly, they might still say it was somehow my responsibility. Also, do you know if there's a specific form for requesting a waiver or is it just something you ask for when you call?
Yuki, your situation sounds very similar to what I went through last year! I had my appeal hearing in March after being wrongfully denied for "voluntary quit" when I was actually terminated without cause. The judge ruled in my favor and I received my back pay exactly 19 days after the hearing. NYS Department of Labor processed everything automatically once they received the judge's written decision. One thing that really helped was setting up direct deposit beforehand - the paper checks can take an extra week or two to arrive by mail. Also, even though you didn't file weekly claims during the appeal (which is totally understandable since the whole process is confusing), you should still get your full back pay calculated from your original claim date. The system will backfill those weeks once your claim is approved. Hang in there - it sounds like your hearing went really well and you should see that money soon!
That's really reassuring to hear Eve! 19 days sounds like a reasonable timeline and I'm glad to know the back pay gets calculated automatically from the original claim date even if I didn't file weekly claims during the appeal. I do have direct deposit set up so hopefully that will help speed things along. It's such a relief to hear from people who've actually been through this process successfully - makes the waiting a bit more bearable knowing there's an end in sight!
I went through a very similar appeal process with NYS Department of Labor earlier this year after being wrongfully denied for "job abandonment" when I was actually laid off. My hearing was in July and the judge ruled in my favor. The whole process from hearing to receiving back pay took about 22 days, which included getting the written decision and then NYS DOL processing everything. One tip that really helped me was calling their customer service line about a week after receiving the favorable decision letter just to confirm they had received it and my claim was being updated in their system. Sometimes there can be small administrative delays between the judge issuing the decision and the benefits department actually processing it. Also make sure to keep checking your online account at my.ny.gov - that's where you'll see your claim status change from "denied" to "approved" before the money actually hits your account. The waiting is definitely stressful especially when you're behind on bills, but it sounds like your hearing went really well so you should be getting good news soon!
Sophia Long
I'm dealing with this exact same issue right now! Filed my claim 12 days ago and my status also just shows "claim established" with no payments yet. It's so frustrating not knowing if everything is processing normally or if there's a problem. I've been religiously filing my weekly claims but like you, my payment history is completely empty. The stress of waiting when you need the money for basic expenses like rent is overwhelming. Have you tried checking if there's a specific reason for the delay in your account somewhere, or does it just show the basic status? Really hoping we both hear something soon!
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Diego Castillo
•I'm in the same boat as you and Lorenzo! Filed about 8 days ago and still waiting on my first payment. The uncertainty is definitely the worst part - you don't know if it's normal processing time or if there's an issue that needs fixing. I've been checking my account obsessively but like you said, it just shows the basic "claim established" status with no other details. The advice from others here about calling early morning (7:45 AM) and continuing to file weekly claims no matter what seems solid. At least we know we're not alone in this waiting game. Hopefully all of our payments start coming through soon!
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Natasha Kuznetsova
I went through this same exact situation about 6 months ago and the waiting period was absolutely nerve-wracking! What really helped me was understanding that NYS Department of Labor has to go through several verification steps before releasing that first payment. In my case, it took almost 4 weeks because my previous employer was slow to respond to the wage verification request. One thing I wish I had known earlier - you can actually check if there are any pending issues by looking at the "Determinations" section of your account (if it exists). Also, I found that calling on Tuesdays or Wednesdays around 8 AM gave me better luck getting through than Mondays or Fridays. The key thing everyone here is saying is absolutely right - keep filing those weekly claims religiously even while waiting. I missed one week thinking my claim wasn't active yet and lost that week's payment permanently. The system will backdate your payments once everything gets approved, but only for weeks you actually filed. Hang in there - I know the financial stress is real when you're counting on that money!
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