Can I Appeal a Denial of Unemployment Benefits in New York?
If denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the finds you eligible to receive benefits, your ex-employer can appeal that decision.
- Any forms and instructions for filing your appeal
- The deadline for filing your appeal
- What to do if you are filing late
- Where and how to file your appeal
- How long the appeal process takes
- What happens to your benefits while you wait for a decision on your appeal, and
- A link to the that will review your appeal.
What You Should Include in Your Appeal
Your state may have a form that you can fill out to file your appeal. Check the website and handbook for any forms and instructions for filing your appeal. Be sure to include your social security number, the reason you are appealing the decision, and any claimant identification number referenced in the decision in your appeal.
How and When to File an Appeal of Denial of Benefits in New York
What If You File Your Appeal Late?
Many states accept late-filed appeals if you can show good cause justifying the late filing. A deadline to appeal within a specified number of “calendar days” means counting every day on the calendar, including weekends and holidays. If the deadline to file your appeal falls on a weekend day or holiday, the deadline is extended to the next business day (Monday through Friday, excluding holidays).
What Happens After You File Your Appeal?
The will contact your ex-employer and give them a chance to submit a response to the appeal. Then the will review the appeal and set a hearing. You and your ex-employer can present evidence to the at or before the hearing. Examples of evidence you may want to submit include documents showing your rate of pay, and documents or witness statements supporting your eligibility (such as evidence that the employer fired you for reasons other than misconduct). After the hearing, the will notify you and your ex-employer of its decision. If you disagree with that decision, you can appeal that decision, too. The website has information on how to file this second-round appeal.
Claim Your Weekly Benefits During the Appeal
You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. That way, if you win the appeal, you can receive retroactive benefits. For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits?
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Learn how to find and contact the New York unemployment agency.