File for Unemployment in New York

The following will discuss the steps on how to file for unemployment benefits and how to file weekly claims in the state of New York.

Unemployment Application and Initial Claim

File Your Unemployment Application and Initial Claim Process

The easiest and most efficient way to file a claim is to use the online system provided by the state of New York. Upon entering the site, you will be guided through the steps to file a new claim or check the status of an existing one. You should choose to file a new claim.

After clicking the “File New Claim” link, you will be taken to another page that asks you to verify your email. Once verified, you will asked to fill in some personal information and to select a PIN to reference your account in the future. It is here where you will also select a user ID.

The following steps in the application process are straightforward. You will need to simply enter all the required information, step-by-step throughout the application. Follow all directives and double check that the information you entered is correct before moving on to another section. You will have an opportunity to review your application before you submit it to the New York Department of Labor’s review to determine if you are eligible.

There are five sections to fill out in the UI application, including:

1. Claimant Authentication- Initial questions
2. General information
3. Past employment information
4. Review, edit if necessary, and submit application
5. Confirmation of Submission page

Here are some of the questions you may be asked on your application:

• Do you want any taxes withheld from your unemployment benefits?
• Do you have any vacation days owed or any additional pay for holidays that you have not yet received?
• What are the reasons for leaving your previous job(s)?

Filing for unemployment should be done in the state in which you were employed. If you live in a different state from which you worked, or have since moved out of the state from where you worked, you should file your claim for unemployment benefits within the state in which you were employed.

Once you file, the system can be used to check the status of your claim and to update any information needed. Once you file for a claim, you will then receive a Monetary Determination letter from the DOL that states all the information they use to determine if you are eligible to receive benefits and how much money you will receive if approved. Therefore, it is very important that you fact check your application for accuracy before submitting.

NOTE: After processing your application, if you are deemed eligible for benefits, you must serve what the DOL considers a “non-payable waiting week”. This is the first week of your partial or complete separation from work that you claimed (your claim week) when filing. You will not receive benefits for the non-payable waiting week as mandated by the state of New York.

Documents and Information Needed During Filing

You must supply accurate information on your UI application. Missing or incorrect information could result in denial or delayed processing time.

You will need to have information from the following documents on hand in order to properly fill out your application and initial claim:

• State issued ID or driver’s license
• Social Security Number
• Your contact information. This should include your home address and phone number, so you can be contacted Monday through Friday during office hours of 8-5 p.m.
• An Alien Registration Number if you are a non-U.S. citizen.
• Names, addresses, and telephone numbers for all employers from the past 18 months.
• Your employment history including the dates you worked, total earnings, and the reason of separation for each employer for the past 18 months.
• If your last job was a federal employee, you must produce a Federal Employer Identification Number or FEIN, which can be located on your past W-2 forms. You will also need to produce copies of your SF-50 and SF-8 forms.
• Bank account information if you opt for direct deposit for your unemployment benefits.

When determining your gross income for the 18 months prior to applying, remember that you must report ALL income. This includes gratuities and tips, and any cash received for performing a service or duty outside of your usual occupation.

Claim Weekly Benefits

Once your claim has been approved, you should claim your first week of benefits on the first Monday after your initial claim. To continue to receive unemployment benefits, you must claim your benefits each week that you are eligible and would like to receive benefits. In New York, claim weeks run from Monday through Sunday. To receive benefits promptly, you should submit your claims on Sunday for the previous week.

How to Claim Weekly Benefits

Visit www.labor.ny.gov each claim week and click the “Unemployment Assistance” tab to login. From there, you will need to enter your work search efforts and any other required information.

It is unlawful for anyone else to file a claim on your behalf. To prevent fraud, it is strongly advised that you not to share your PIN number with any other individual. Letting someone else access your PIN to claim benefits could result in you not receiving benefits for up to 20 weeks.

If you cannot complete the UI application yourself due to a disability, you can have another person assist you, but you must be present when doing so.

You must only claim for the given week and the system will deny any claims for back weeks or other time periods. However, if you miss filing a claim for a week that you are unemployed, you can request a credit to be given to you for that missed week by fax, regular mail or secure message. The Telephone Claims Center will not accept calls for any back dated credit. You can send a secure message by logging onto www.labor.ny.gov/signin and clicking the upper right corner envelope icon, My Online Services page, to send a message. Here is the address to send this information by mail:

New York State Department of Labor

PO Box 15130

Albany, NY 12212-5130

Claim Denials or Discrepancies

When you file an unemployment claim, the UI department will review your work history from the past 18 months. From time to time, discrepancies might arise that the department will consider for adjudication. What this means is an adjudicator will collect all the facts to clarify any discrepancies in determining your eligibility or disqualification.

In New York, if you are disqualified or denied form claiming UI benefits, a Notice of Determination will be mailed to you explaining why you were denied and how you can either re-qualify or file an appeal.

Appeals Process for Denied Claims

If you are disqualified from claiming UI benefits, you can request an administrative appeals hearing. The hearing is overseen by a representative of the Office of Appeals, known as a referee. A request for an appeal must be presented within 30 calendar days after the determination date listed on your eligibility notification. When the 30th day falls on a weekend or legal holiday, you must file for appeal the following business day. If the department approves your application for UI benefits, a past employer may file an appeal for an administrative hearing within the same timeframe.

To request an appeal online, you must do the following:   

1. Sign in using your NY.GOV.ID
2. In the top right hand corner of the page, click on the message's envelope
3. Click on the “Message” inbox icon
4. You will see a “Compose New” icon, click on that to send a request for a hearing
5. Click on “Hearing and Appeals”
6. Then, click on the “I want to request a hearing” as the second subject line

If you choose to submit an appeal in writing by mail or fax, the official date of filing will be the postmark or fax date stamp.

NOTE: You must include your Social Security Number and Claimant ID on all written correspondence.  

Both parties will receive a Notice of Hearing letter by mail informing you of the date and time of hearing. It will advise you if the hearing is in person or by phone. Many hearings that are easily resolved in the eyes of the department are held by conference call or three-way calling.

Should you wish to contest your final appeal decision, you can pursue the matter further by requesting a review of the hearing by the New York Appeals Board. You must submit requests for review within 30 calendar days of the referee's determination.

Office of Appeals Contact Information

The executive office for the Appeal Board are located in Brooklyn and Troy. The contact information for each is listed below.

Appeal Board Executive Office

P.O. Box 29002

Brooklyn, NY 11201

Phone: (718) 613-3495

Fax: (718) 613-3507

 

Insurance Appeal Board

P.O. Box 15126

Albany, NY 12212-5126

Phone: (518) 402-0191

Fax: (518) 402-0215

Unemployment Insurance Appeals Website:http://uiappeals.ny.gov/contact-the-appeal-board.shtm