THE WHOLE SYSTEM IS DESIGNED TO SCREW US OVER!! They make the rules so complicated on purpose so we mess up and then they can claw back money later. I've been fighting an overpayment for 8 months now and they still haven't responded to my appeal.

Just want to add that you should also be aware of the work search requirements when doing freelance work. Even if you're earning income that reduces your benefits, you still need to complete your required work search activities each week unless that freelance work qualifies as "work" under their guidelines. I learned this the hard way when I was doing some contract work - I thought since I was "working" I didn't need to do job searches, but NYS DOL disagreed and I got a penalty. The rules around what counts as acceptable work search activity versus actual work can be tricky, so definitely clarify this if you move forward with the freelance opportunity.

I'm going through a similar situation right now - was denied benefits after being terminated for what they called "misconduct" but I was actually trying to address some serious issues at work. Reading all these success stories is really giving me hope! It sounds like having documentation is absolutely critical. I've been hesitant to file an appeal because I thought the odds were stacked against me, but seeing that 40-60% success rate mentioned by several people here is encouraging. Quick question - for those who won their appeals, did you represent yourself or did you have any legal help? I'm wondering if I should try to find an attorney or if it's something I can handle on my own with good preparation.

I handled my own appeal without an attorney and won after being denied for "misconduct" when I was actually terminated for refusing unsafe work conditions. The hearing process is really designed for regular people to navigate - the administrative law judge walks you through everything and asks clear, specific questions. What made the difference for me was being super organized: I had all my documentation in chronological order, practiced explaining the situation in simple terms, and stayed focused on the facts rather than getting emotional. The whole hearing took about 30 minutes by phone. One tip that really helped - I wrote out key points I wanted to make sure I covered, so I wouldn't forget anything important during the hearing. Your safety concerns documentation should definitely work in your favor. Most people can successfully represent themselves in these hearings as long as they're prepared. If you're feeling overwhelmed, you could always do a quick consultation with an employment attorney just for peace of mind, but it's definitely not required. The system is set up to be accessible without legal representation.

The transition period can be tricky timing-wise. Make sure there's no overlap between your last disability payment and when you start receiving unemployment. NYS Department of Labor is very strict about this and any overlap could create an overpayment situation you'd have to pay back.

I was in a similar situation last year after my workers' comp disability ended. The key thing NYS Department of Labor looks for is that you're "able and available" for work immediately. Bring your medical clearance letter, proof your disability payments stopped, and be prepared to show you're actively job searching. One tip - apply online through my.ny.gov as soon as possible since there can be a waiting period for the first payment. Also document everything in case they need to review your transition from disability to unemployment benefits.

just went through this last month, got approved no problem. make sure you have your employer fill out the separation form correctly showing lack of work not misconduct or anything like that

I've been working seasonal construction for about 8 years now and can confirm that seasonal workers absolutely qualify for unemployment benefits in New York. The key thing is to make sure your employer properly documents the layoff as "lack of work" rather than any other reason. I usually file my claim the week I get laid off in December and have never had major issues getting approved. One tip - if you know approximately when you'll be called back to work, mention that in your claim but don't give a specific date unless your employer puts it in writing. The NYS DOL understands seasonal patterns in industries like construction, landscaping, and tourism. Just be honest about your situation and keep up with the weekly certifications!

wait so if my claim expired do I lose all my remaining weeks?? I thought I had like 10 weeks left when it ended in November

Just went through this process myself a few months ago. One tip that really helped - before you file the new claim, gather all your W-2s and 1099s from the past 18 months, not just since your last claim ended. NYS Department of Labor looks at your entire recent work history to determine your new benefit amount. Also, if you worked in multiple states during that time, you might need to file in the state where you earned the most wages. The online system will walk you through it, but having all your documents ready makes it much smoother.