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This gives me hope! I'm waiting for my appeal hearing date still. Did you have to provide a lot of documentation or was it mostly just your testimony? I'm worried I don't have enough evidence to prove my case.
@aa5de8e68cf8 That's really helpful advice about bringing documentation! I have some emails from HR and my paystubs showing the income drop, so I'll make sure to organize all of that. Did the hearing feel intimidating or was the judge pretty understanding?
@aa5de8e68cf8 The hearing wasn't as scary as I thought it would be! The administrative law judge was actually pretty professional and seemed genuinely interested in getting to the facts. They asked straightforward questions and gave both sides a chance to explain their position. Just be honest and stick to the facts - having your documentation organized like Justin mentioned really does help your credibility.
Congratulations Justin! That's such a relief after 8 weeks of stress. Just wanted to add that you should also keep an eye on your tax situation - the back pay will likely be reported as taxable income all in one year even though it covers multiple weeks. You might want to set aside some money for taxes or consider having them withhold federal taxes from your future payments if you haven't already. I learned this the hard way when I got my back pay and ended up with a bigger tax bill than expected. But definitely celebrate this win - the appeal process is exhausting and you deserved to win!
Just be aware that you'll need to keep doing job searches even for partial benefits! A lot of people don't realize this but NYS Department of Labor still requires you to look for work and log your job contacts even if you're working full-time. It's annoying but that's the rule.
Wait really? I have to job search while working full-time? That seems weird since I already have a full-time job. What kind of jobs am I supposed to be looking for?
I was in a similar situation a few months ago! I lost my part-time evening job at a restaurant while keeping my full-time day job. What helped me was gathering all my wage statements from both employers for the past 18 months before filing. NYS Department of Labor used my combined earnings from both jobs to calculate my weekly benefit rate, then reduced it based on what I still earn from my full-time job. The process took about 3 weeks to get my first payment, but it was worth it since I was getting around $180/week in partial benefits. Just make sure to report your full-time wages accurately each week when you certify - any discrepancies will cause delays.
The whole tax thing with unemployment is such a mess. They should just automatically withhold like 15% and let people opt out if they want, not the other way around. Too many people get screwed at tax time because they didn't realize unemployment is taxable income.
Just want to add that if you do decide to have taxes withheld, the 10% federal withholding might not be enough depending on your total income for the year. If you had a higher-paying job before unemployment or have other income sources, you might want to consider making quarterly estimated tax payments to avoid underpayment penalties. You can calculate what you might owe using the IRS withholding calculator on their website. Also worth noting that if you're collecting unemployment for most of the year, you'll probably want to file your taxes as early as possible since unemployment 1099-G forms sometimes have errors that need to be corrected.
This is really helpful advice about the quarterly payments! I didn't even think about that. Since I was making decent money before I got laid off, I'm probably going to need to pay more than just the 10% withholding. Do you know if there's a way to have them withhold more than 10% from the unemployment payments, or do I have to do the quarterly payments separately?
I literally just went through this exact same thing 2 weeks ago! I was in full panic mode when I realized I submitted my questionnaire 5 days late. Called the DOL (used that claimyr service someone mentioned - totally worth it) and the rep explained that they have an informal grace period and rarely deny claims for being a few weeks late, especially if it's your first time. They said the system automatically flags late submissions for manual review but that doesn't mean denial. Mine got approved after about 8 days of review. Just make sure you don't have any other outstanding issues with your claim and you should be fine. The stress isn't worth it - they deal with late submissions all the time!
Thank you for sharing this! It's such a huge relief to hear from someone who literally just went through this exact situation. I was having full-on panic attacks thinking my claim would be automatically denied. The fact that there's an informal grace period and they rarely deny for first-time late submissions is exactly what I needed to hear. I'm definitely going to try that claimyr service to get through to someone and explain my situation. 8 days for review doesn't sound too bad either - I was imagining it would take weeks or months. Really appreciate you taking the time to share your experience, it's helping me stay sane! 🙏
I work at a local community center and see people dealing with this all the time! From what I've observed helping folks navigate the system, late questionnaire submissions are super common and they definitely don't automatically deny for it. The DOL knows people have busy lives and things happen. What usually matters more is that you submitted it and can explain why it was late if they ask. I've seen people submit questionnaires weeks late and still get approved - it just takes a bit longer for them to process. The key is staying responsive to any follow-up requests they might have. You did the right thing by submitting it as soon as you remembered. Try not to stress too much about it!
Alice Coleman
thanks for asking this question, I was wondering the same thing about exhaustee status but was too embarrassed to ask
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TechNinja
Don't feel embarrassed at all @Alice Coleman! This exhaustee status is confusing and poorly explained by NYS DOL. I'm in a similar boat - hit my 26 weeks recently and had no idea what came next. From reading everyone's responses here, it sounds like the key is figuring out if you earned enough wages during your benefit year to qualify for a new claim. I worked some gig jobs while collecting so I'm hoping that might be enough. Going to try filing a new application online this week. Really wish the state would send out clearer notifications about your options when you hit exhaustee status instead of leaving people to figure it out themselves.
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Malik Johnson
•@TechNinja you're absolutely right about the poor communication from NYS DOL! I just went through this same situation last month. When you file that new application online, make sure you have all your wage information ready - they'll ask about every employer you worked for during your benefit year, even part-time or gig work. The system will automatically calculate if you meet the wage requirements. One tip: if your application gets denied initially, don't give up - sometimes you need to speak with an agent to review your wages properly. Good luck with your application!
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