A: After you have completed the filing of your claim, you will be sent a Monetary Determination which shows your base period and the employers and wages used to determine if you have sufficient employment to establish a claim. Review this form for accuracy. Be sure you agree with the amount of earnings reported and that all employers for whom you worked are listed. Do not return this form. Retain it for your personal records.
NOTE: Wages earned with an agency of the Federal Government, a branch of military service, or work performed outside of New York State do not appear on the Wage Reporting system and may not be listed on the initial Monetary Determination. You should complete the Request for Reconsideration so those wages can be used in the calculation of your benefit rate.
Q: What should I do if I disagree with the Monetary Determination?
A: If you qualify, the Monetary Determination will show your weekly benefit rate. You should complete the Request for Reconsideration form included in the back of your Claimant Handbook only if the wages shown on the Monetary Determination are incorrect or to report missing employment in the base period used. Be sure to include proof of your employment and wages, such as a copy of pay stubs, or other proof, that total the amount of earnings you list on the form that cover the period in question, or explain why you have no proof of earnings. If you agree with the information shown on the Monetary Determination, you do not need to take any action.
If you do not qualify, the Monetary Determination will provide the reason(s) for your non-entitlement. Review the Monetary Determination form for accuracy. You should complete the Request for Reconsideration form if the wages shown on the Monetary Determination are incorrect or to report missing employment. Provide corrected wage information for all four Basic Base Period Quarters and the Alternate Quarter. To expedite the review of your claim, be sure to include proof of your employment and wages, such as pay stubs, or other proof, that total the amount of earnings you list on the form that cover the period(s) in question. If you have no proof, explain why. You may read and print the Handbook by clicking here.
Your initial Monetary Determination will be reviewed based on the proof you submit. If necessary, your base period employer(s) will be contacted to verify the wages paid to you in your base period. If your benefit rate changes, a revised Monetary Determination will be mailed to you. If the review results in no change to your benefit rate and your rate is less than the maximum rate of $405, your Request for Reconsideration will be processed for a hearing.
It is important to keep pay stubs and other proof of wages paid to you in your base period so that you can provide an accurate estimate. Wages include the monetary value of tips, bonuses, meals and lodging, as well as commissions and vacation and holiday pay.
Q: What if I think my rate will be higher using the alternate base period?
A: You should complete the Request for Alternate Base Period form only if you have already established a benefit rate using the Basic Base Period, but your “high quarter” wages are in the Alternate Base Period quarter, and you wish to request that your rate be calculated based on the Alternate Base Period wages. (See your Monetary Determination for specific dates and wages).
If the Alternate Base Period wages shown on the Monetary Determination are not your high quarter wages or your weekly benefit rate is $405, do not return this form.
If the Alternate Base Period wages are not shown on the Monetary Determination, you must enter the amount you earned in the Alternate Base Period on the Request for Alternate Base Period form and attach proof of the total amount of earnings (such as copies of pay stubs, or other proof) that you listed on the form for the calendar quarter in question, or explain why you have no proof of your earnings.
To be considered for the Alternate Base Period, the Request for Alternate Base Period form must be completed and received by the Department of Labor within (10) ten days from the “Date Mailed” on the Monetary Determination.
If you choose to use the Alternate Base Period wages, you will not be able to use this employment and wages again. This may affect your entitlement to a subsequent claim.
Q: Can I have my benefit rate calculated using my average weekly wage?
A: Yes. If you think your benefit rate may be higher using your average weekly wage, you may complete the Request for Rate Based on Weeks form included in the back of your Claimant Handbook. If you are a seasonal worker or other worker who did not work all weeks in your high quarter, this request may result in an increased benefit rate for you.
You must first finalize the base period and the high quarter wages, used to establish your rate, before your benefit rate can be considered for this recalculation.
To qualify for this recalculation, you must have at least 20 weeks of work in your base period and any benefit rate increase must be at least $5 more than your current benefit rate, but cannot exceed the maximum benefit rate (currently $405). You must provide proof, such as paycheck stubs, for each week of work. A "week of employment", for unemployment purposes, is a Monday through Sunday period. If you choose to have your rate based on weeks of employment, your benefit rate will be calculated as one-half your average weekly wage (1/2 x total base period wages/total weeks worked). Instructions for completing the Request for Rate Based on Weeks form are in the back of the Claimant Handbook. You may read and print the Handbook by clicking here.
The form and your proof of weeks of work must be submitted within ten days of the date of your most recent Monetary Determination. The form and the proof you submit will be reviewed, and if there is a change to your Monetary Determination, you will be mailed a revised determination.
Q: Now that I have filed a claim, what do I do next?
A: For each week you wish to receive unemployment benefits, you must request payment by claiming benefits for that week. Go to how do I claim? for more info.
Before any benefits can be paid, an unpaid waiting period, equivalent to one full week of unemployment benefits, must be served. The first time you claim benefits on a new claim, you will be requesting credit for your unpaid waiting week. If you work at all during the week in which you filed your claim, or for other reasons do not serve a full waiting period, the waiting period extends into the next week(s).
For each week thereafter that you are unemployed, you must request payment on the Sunday of the week you want to receive unemployment benefits. Weekly claims made on Sunday are for the week ending that day.
A: You may claim your weekly unemployment benefits using the Benefits Online Page or you may use a touch-tone telephone and call TEL-SERVICE. Both systems are available in English and Spanish.
Hearing impaired claimants who have TTY/TDD equipment can call 1-877-205-3119. Service at this number will only be provided to English and Spanish callers using TDD equipment.
The certification systems process only a one week certification. You must request payment the first week following the week you wish to initiate a claim or on Sunday at the end of the week that you are claiming. You may claim your weekly benefits Monday through Friday from 7:30am until midnight and from 12:01am on Saturday until midnight on Sunday. Weekly claims made on Sunday are for the week ending that day.
If you fail to complete a timely certification for any given week, you must write a letter to New York State Department of Labor, Central Support Unit, PO Box 15130, Albany, NY 12212. E-mails will not be accepted. The letter should include your name, address, telephone number, your Social Security number, the period for which credit is being requested, and the reason why you did not claim benefits for that period of time. The circumstances will be investigated and a determination will be made regarding eligibility for benefits.
When using the telephone or online systems to claim your weekly benefits, you must certify yourself. Having someone else claim your weekly benefits for you could result in severe penalties.
A: Payments will either be issued to a single Direct Payment Card or, if you choose, directly deposited into your checking account. Paper checks are no longer available.
Direct Payment Card - A Direct Payment Card is similar to a debit card in that it allows you to withdraw your benefits via an ATM or at a Point-of-Sale (POS) terminal. Direct Payment Cards are safer than checks. Only the Department of Labor can deposit money into the Direct Payment Card account. For more information, click here.
Direct Deposit - You may choose to have your weekly benefits electronically transferred into your checking account, as long as your financial institution participates in the direct deposit program. For more information, click here.
A: You must first determine if your benefit payment was released by the Department of Labor, then you must check to see if your benefit payment was deposited into your checking account or your Direct Payment Card account.
For Direct Payment Card users:
To find out if a payment was released, login at the Benefits Online Page and click on 'View Payment History'. If the payment has been released, you should check your Direct Payment Card account at www.myaccount.chase.com or call Chase at 1-877-221-1634. You will need your six-digit access code and PIN.
For Direct Deposit users:
To find out if a payment was released, login at the Benefits Online Page and click on 'View Payment History'. If the payment has been released, check with your financial institution three business days after the payment release date to see if the deposit was made to your checking account.
If there is a problem on your claim, you may be contacted by the Telephone Claims Center. Follow the directions they give you. If your payment has not been credited and you have not been contacted in two weeks, you should call the Telephone Claims Center.
Q: How can I speak to a claims specialist at the Telephone Claims Center?
A: After you enter your Social Security number and Personal Identification Number (PIN) on the touch tone pad and both are confirmed, select the option, "for all other questions, press 4". You will then be given three choices. Select the option, "if you are calling about the status of your claim, press 3".
For more information, click here.
*If you are a person with a disability who is unable to access our services without the assistance of another person, you may allow another person to assist provided you are present each time the services are accessed including the entry of the PIN. You will be held accountable for the actions of your agent and may be subject to penalties including forfeiture of benefits if you are not present when your agent accesses our services.*
Q: When is the best time to call the Telephone Claims Center?
A: The Telephone Claims Center is less busy on Thursday and Friday afternoons. During heavy call loads, such as after a Monday holiday, callers may hear a message that all representatives are busy with other customers and it will be necessary to call back to speak with a representative.
To reach the Telephone Claims Center, call toll-free at 1-888-209-8124 or 1-877-358-5306 if you live outside of New York State, from 8:00 am to 5:00 pm, Monday through Friday.
A: You may update your mailing address or telephone number when you claim your weekly benefits online. If you are no longer claiming benefits or need to change your address sooner, you may contact the Telephone Claims Center. On the telephone system, after you enter your Social Security Number and Personal Identification Number (PIN) on the touch tone pad and both are confirmed, you will be given the option, “to change your name, address or phone number, press 1”.
If you use the Direct Payment Card to receive your benefits and you have changed your address with our Department, you must contact Chase Customer Service at 1-877-221-1634 to update your new contact information.
Q: Do I have to look for work while collecting benefits?
A: Yes. To be eligible for benefits you must be available for work and demonstrate that you are seeking employment while claiming benefits by keeping a written record of your job search. Forms to record your work seach efforts are provided in the Unemployment Insurance - Information for Claimants handbook that was mailed to you when you applied for benefits. You may be asked to show your work efforts when you report to the local Division of Employment Services (DoES) office for a scheduled meeting. You may read and print the handbook by clicking here.
A: You must be prepared to accept suitable work while collecting unemployment insurance benefits. Suitable work is work for which you are reasonably fitted by training and experience. This means that you have to look for work in all your most recent occupations, especially if the prospect of obtaining work in your primary skill area is not good.
After 13 full weeks of benefits are claimed, suitable work will also include any work that you are capable of performing, whether or not you have any experience or are training in such work, unless you obtain employment through a union hiring hall or have a definite date to return to work. Such work must pay at least 80% of your high-quarter base-period wages. Any offered work must pay the prevailing wage for such work in your area. You must also be willing to travel a reasonable distance to obtain employment. As a general rule, travel of one hour by private transportation or one and one half hours by public transportation is considered reasonable.
A: If you work less than four days and earn $405 or less in a week, you may receive partial benefits. You are considered employed on any day when you perform any services - even an hour or less - regardless of whether you get paid for that day. Each day or partial day of work will reduce your benefit rate by one-quarter. If you are unable to work, your benefits are determined on the same basis. Receiving partial benefits extends the length of time you may collect benefits until you reach the maximum or your benefit year ends, whichever comes first. If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid for that week.
Each day or part of a day of work will result in a payment of a partial benefit as follows:
1 day of work = 3/4 of your full rate
2 days of work = 1/2 of your full rate
3 days of work = 1/4 of your full rate
4 days of work = No benefits due
If you work while receiving benefits and do not report that employment, even if it is part-time work, you may be committing fraud. You must report all full-time and part-time employment to the Labor Department or you risk criminal penalties.
In certain instances, you may collect unemployment benefits while you do volunteer work provided you meet all of the following criteria:
The volunteer work is for a charitable, religious or cultural organization;
And, you do not receive payment in any form for your volunteer work;
For example, if you “volunteer” at a school in exchange for tuition abatement or scholarship, this work would not be considered to be true volunteer work, and would affect your eligibility for unemployment benefits.
And, the volunteer work is not a precondition to being hired or rehired into a paid position;
For example, if you volunteer while on a lay-off from a social services agency that is between budgets or grants, this work would not be considered to be true volunteer work, and would affect your eligibility for unemployment benefits.
And, your volunteer duties do not interfere with your ability to search for work, and do not affect or limit the number of days and hours you are willing to work.
A: When you get a job, you should claim credit for the last days you were out of work in the usual method (by telephone, mail, or online), then simply stop claiming your weekly benefits. Do not claim benefits for any week when you work more than three days or earn more than the maximum benefit rate (currently $405).
A: If you become unemployed again, for any reason, and your benefit year has not expired, you have the right to reopen your claim. Reopen your claim by logging in on the Benefits Online Page or by calling TEL-SERVICE.
You may login on the Benefits Online Page and click on 'View Payment History' to find your benefit year ending date.
If your benefit year has expired, you must login at the Benefits Online Page and file a new claim for benefits.
Q: What is the maximum amount of benefits I may receive?
A: Although your claim lasts one year (your benefit year), during that time you can only receive 26 times your full weekly rate (or the same amount of money for weeks of partial unemployment).
Q: What if I start or stop receiving workers' compensation?
A: It is your responsibility to notify the Telephone Claims Center regarding any workers' compensation benefits you receive during the same weeks you are collecting unemployment insurance. Failure to do so may result in you having to repay benefits you received. You should also contact the TCC if your workers' compensation benefits were reduced or have ended.
If you receive workers' compensation benefits, you may continue to receive unemployment benefits, as long as you are physically and mentally capable of working, and are prepared to start employment immediately. However, your weekly unemployment benefit rate may be reduced. The total weekly amount of your workers' compensation and unemployment insurance benefits cannot exceed your average weekly wage in the base period. You will be required to send to the Department of Labor a copy of your Workers' Compensation Form C-8 (Notice that Payment of Compensation for Disability has been Stopped or Modified) and a medical statement signed by your physician, attesting that you are able to work.
The TCC will determine if any reduction in your unemployment benefit amount, due to receipt of workers' compensation, is appropriate. If you disagree with the amount of reduction, you may request a hearing.
A: If you start receiving pension payments while you are receiving unemployment insurance benefits, you must immediately contact the Telephone Claims Center. Failure to do so may result in you having to repay benefits you received.
If you have actually retired and are not seeking employment, you are not eligible for unemployment insurance benefits. If you are retired and are actively seeking work, you may continue to receive unemployment benefits under the same conditions as all other unemployed workers.
However, your weekly benefit rate may be reduced if:
You receive a pension from an employer for whom you worked in your base period; and
That work made you eligible for or increased the amount of your pension; and
You contributed less than 50% toward your pension.
The amount of the weekly benefit rate reduction is as follows:
If you did not contribute towards your pension, your benefit rate will be reduced by the weekly equivalent of your pension.
If you contributed less than 50% of the total value of your pension, the reduction is one-half the weekly equivalent of your pension.
If you contributed 50% or more or if you rolled your pension over to a qualifying IRA account, there is no pension reduction.
The TCC will determine if any reduction in your unemployment benefit amount, due to receipt of a pension, is appropriate. If you disagree with the amount of reduction, you may request a hearing.
A: If you are called to jury duty, you will not be denied benefits. This is true, whether you are called to a grand or petit jury of any state or of the United States. You will be considered ready, willing, and able to work while serving on jury duty.
A: Yes. Any unemployment compensation you receive is subject to Federal, New York State and Local income taxes provided you are required to file a tax return.
A:
The withholding of benefits for Federal income tax or State income tax is voluntary. If you elect to have Federal tax withheld, an amount equal to 10% of your gross benefit payment will be withheld after mandatory deductions, such as child support payments, are made. If you elect to have State tax withheld, an amount equal to 2.5% of your gross benefit payment will be withheld. You can change this option any time by calling the Telephone Claims Center toll-free number, selecting the option to ask a question about a claim you already filed, entering your SSN and PIN, and then selecting the option to begin or cancel the withholding of federalor stateincome tax.
A:
You may start or stop the federal or state tax withholding at any time by contacting the Telephone Claims Center and:
• Selecting option to "Ask a question about a claim you already filed," and
• Entering your Social Security number and PIN, and
• Selecting the option to begin or cancel the withholding of federal or state income tax.
If you elect the tax withholding option, you must have 10% withheld; you cannot have any less or any more than 10% withheld. If you elect the state tax withholding option, you must have 2.5% withheld; you cannot have any less or any more than 2.5% withheld.
A:
Any benefits withheld cannot be returned to you by the Department of Labor; benefits withheld can only be returned to you by the Federal or State government as part of your income tax refund.
A:
Yes. During January, the Department of Labor sends out a Form 1099-G (Statement for Recipients of Certain Government Payments) to claimants who received unemployment insurance benefits during the previous calendar year. Because of this, it is important that you notify the Telephone Claims Center of your current address.
Please keep the Form 1099-G for your records. The information on your benefit statement is also sent to the Internal Revenue Service and the New York State Department of Taxation and Finance. Unemployment compensation includes: unemployment insurance payments; extended benefits and Federal Supplemental Compensation payments; Trade Adjustment Act (TAA) basic, retroactive, and additional for training payments; and Disaster Unemployment Assistance (DUA) payments. If you did not receive any unemployment compensation during the previous calendar year, but repaid an overpayment of benefits, the Form 1099-G is sent to you as the information may be helpful to you in filing your return.
If you received unemployment insurance benefits during the prior calendar year, and do not receive your Form 1099-G by February of this year, please contact the Department of Labor – Payment Unit at 518-485-7071, or you can request the 1099-G by mail. For a complete record of your UI payments, login on the Benefits Online Page and click on 'View Payment History'.
In addition to federal and state income tax, you are also responsible for New York City and Yonkers City income tax, if you are subject to them.
It may be necessary for you to make estimated tax payments to avoid a penalty for underpayment when you file your return next year. For more information on when you should make estimated federal tax payments, see IRS Publication 505, Tax Withholding and Estimated Tax, or the instructions for Form 1040-ES. For estimated state tax, use Form IT - 2105, Estimated Tax Payment Voucher. If you have any questions about estimated state tax payments, contact the NYS Department of Taxation and Finance at 1-800-225-5829. The withholding of 2.5% of your benefit amount for State income tax is voluntary.
The Internal Revenue Service is responsible for interpreting and applying the provisions of income tax laws. Any questions on federal taxes should be directed to the nearest Internal Revenue Service office. The New York State Department of Tax and Finance is responsible for interpreting and applying the provision of state income tax laws. Questions on state taxes should be referred to the NYS Department of Taxation and Finance.
Q: If I repaid an overpayment will it appear on my form 1099-G?
A: Yes, provided the repayment was received by the Department of Labor during that tax year. If you did not receive any unemployment compensation during the previous calendar year, but repaid an overpayment of benefits, the Form 1099-G is sent to you as the information may be helpful to you in filing your return. Please note that only cash repayments are reported on Form 1099-G. Benefits taken from your claim to repay an overpayment are not cash repayments and are not included in the form.
