Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
you must contact the state prior to leaving so they can give you the exact steps to follow, and you really have to follow the steps exactly as they require. Trying to get benefits after the fact is near impossible.
This has to be the deciding factor. In every decision I read in this regard, NOT one of those claimants called BEFORE they left the country. Yet, not one judge said, "had you called beforehand, it would have made all the difference in the world," and for that reason, I thought it was never allowed.
Yes, NYS will pay benefits for the day that you actually had a legitimate employment interview (that can result in legal employment) so long as you adhered 100% to the requirement they set out. There is nothing in NYS unemployment regulations that bar a person from collecting. The regs only discuss what you can not do. It also established the first rule of collecting to be notifying them in advance.
Well, I was contacted and asked to send copies of my passport pages as well as my flight itinerary. I was also asked to answer 12 questions in writing. I'm not sure how long it will take for them to make a determination after receiving all of my information, but I'm not optimistic given everything I've read on here.
If it's helpful to anyone else on here, I answered honestly.
I did not receive any messages when trying to file.
I did not have anyone else file for me.
I was out of town for a series of interviews.
I didn't read the handbook (which is true)
I didn't realize I needed to contact someone before leaving.
I finally was able to speak with someone from the department of labor. The person I spoke with definitely gave me a hard time and wants a lot of information to prove that I was out of the country looking for work. I sent along everything I have to support my claim i.e. emails, letters etc. Hopefully it will be enough.
In the meantime, I noticed that unemployment has started releasing funds to me. Is this something I should be worried about? Could it be a mistake? They haven't released payment for the time I was out of the country, but have just released funds for the last three weeks, and I haven't received a determination yet. Should I worry that I'll have to pay that money back if they stick me with an 80 week penalty?
Is this something I should be worried about? Could it be a mistake?
They don't release money when they think they don't owe it to you.
Quote:
Originally Posted by orca66
Should I worry that I'll have to pay that money back if they stick me with an 80 week penalty?
At this point, it would be a nonfraud overpayment, and there is lots you can do to not ever have to pay it back. Spend it, and consider yourself lucky.
Hmmmm...very confusing things happening over here.
So, I still haven't received a determination, but now when I log onto the site, it shows that my benefits are being forfeited. This doesn't make any sense, my account was on hold and no money was being released while they were investigating. Then they released payments for a few weeks, and now I'm getting forfeited. Even more confusing is that the weeks that I was out of the country still don't appear on the list. The weeks they've chosen to pay me for and forfeit are just not adding up. I'm curious what the determination will say when I get it, but at this point I'm expecting the worst.
This is all happening after I spoke with someone and had an interview about my time out of the country and submitted clear proof that that was the reason for my trip.
Got the determination. 80 days as I suspected. They're accusing me of having had someone else claim for me while I was away, but i didn't! I did it myself from a cell phone. I guess I can prove that with phone records if I have to.
I've just sent back my request for an appeal. How should I prepare? What should I bring? Do I need a lawyer? I think I'm entitled to these benefits, and I'm going to fight for them. I just want to be as prepared as possible. I know they're going to try to railroad me.
Got the determination. 80 days as I suspected. They're accusing me of having had someone else claim for me while I was away, but i didn't! I did it myself from a cell phone. I guess I can prove that with phone records if I have to.
I've just sent back my request for an appeal. How should I prepare? What should I bring? Do I need a lawyer? I think I'm entitled to these benefits, and I'm going to fight for them. I just want to be as prepared as possible. I know they're going to try to railroad me.
NYS claimants have a good record of winning on appeal on out-of-country claim issues, NYSDOL is often unable to prove fraud. They allege fraud, but on appeal are unable to prove it. Your case is more solid than some, as you can prove you were looking for work and can prove no one else was claiming for you. That said, NYS appeals take a while. From start (first denial) to finish (appeal decision), expect four months.
If you can clearly prove the job searches and no fraud in claiming, you don't need a lawyer.
Last edited by Ariadne22; 01-15-2016 at 03:22 PM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
