unemployment insurance claimant handbook tc318.3 (Part 3 of 4)

*To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

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New York State Department of Labor

9 What Should I Do When

I Return To Work?

What should I do when I return to work full time?

When you get a job, you must report all days worked when claiming weekly benefits, even if you have not yet been paid. If you work more than 30 hours in a week or earn more than $504 in a week, you will not be eligible for benefits and do not need to claim that week.

What if I return to work and then become unemployed again?

If all three of the following conditions apply to you:

• Your benefit year has not ended,

• You have not received 104 days of benefits (this equals 26 full weeks of benefits), and

• It has been at least one week since the last week you claimed benefits

Then you may simply start claiming benefits again. If you need help claiming benefits, please see “How do I claim weekly benefits?” in Chapter 6. If you do not know when your benefit year ends, you can find this date on your Monetary Benefit Determination or in your online account at labor.ny.gov/signin. Enter your NY.gov username and password. Click the “Unemployment Services” button on the My Online Services page. Click the “View Payment History” button on the Unemployment Insurance Benefits Online page.

Important: If you begin claiming benefits again, after not claiming benefits for one or more weeks, you may receive a form online or in the mail requesting information about the period of time you were not claiming benefits. The Department of Labor will hold your benefits until you return the form. If the Department needs more information to decide whether you are eligible for benefits, your benefits may be held for two to three weeks or longer.

Complete this form in its entirety and send it back as soon as possible. If you don’t fill out the form completely or if you don’t send it back promptly, your benefits may be delayed, suspended or denied. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

New York State Department of Labor

10 Hearing And Appeal Process

Can I appeal a determination about my claim?

For the purposes of the Unemployment Insurance program, a determination is the formal name for a decision the Department of Labor makes concerning your claim. It is important to read, understand and keep any notice you receive from us that has “determination” in its title, including the back page. If you disagree with any determination that denies you benefits or affects the amount of benefits you can receive, you have the right to request a hearing. The hearing will be held before an impartial Administrative Law Judge of the Unemployment Insurance Appeal Board.

How do I request a hearing?

To request a hearing online, go to labor.ny.gov/signin and sign in to your NY.gov account. Choose “Go to My Online Forms.” Under the “Forms Available for Filing” menu on the left, choose the “Claimant Request for Hearing” form. Please fill out the form completely and submit it. If you do not have an online account with us, please see “Receiving your benefits: Your PIN, NY.gov ID, direct deposit and the debit card” in Chapter 3 for instructions on how to set one up.

You may also make your request by filling out the Claimant Request for Hearing form in the back of this handbook, or by writing a letter. Fax your request to 518-457-9378, or mail it to: New York State Department of Labor PO Box 15131 Albany, NY 12212-5131 Important: Your online, fax, or mail request must be postmarked or otherwise proven to have been filed within 30 days after the mailing or personal delivery of the determination. Without proof to the contrary, a determination shall be deemed to have been mailed on the date recited on it and received by the party to whom it is addressed no later than five business days after the date on which it is mailed. If your hearing request is late, you may lose your right to be heard on the merits of the case. Keep notes and any records that show the date and time you submitted your request.

In your request, include:

• Your full name

• The last four digits of your Social Security number

• Your current mailing address and telephone number

• The mail date of the determination

• A detailed explanation of why you believe the determination is incorrect

• Any dates that you are not available to appear at a hearing, including for religious observance

• Any special needs or accommodations you may require at the hearing

• If you or your witnesses have a disability or need of any kind, arrangements will be made to make

sure all parties can participate in the hearing If you have any documents that support your statements, attach and send them with your hearing request. If you request a hearing after the 30-day deadline, you should explain the reason your request is late. It will be discussed at your hearing. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

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New York State Department of Labor

What should I expect after I request a hearing?

The Department of Labor will review your hearing request. We may contact you for more information and make a new determination. Respond immediately to any calls or messages from the Department. Failure to respond may lead to a new determination based only on the available information. If a new determination is made in your favor, you may not have to appear at a hearing. If a new determination is not in your favor, you may have to request a hearing again.

If there is no change to the original determination, a hearing will be scheduled before an impartial Administrative Law Judge. Hearings are generally held between 15 to 30 days after you made your request. A Notice of Hearing will be mailed to you 14 days before the scheduled hearing. Important: While we review your hearing request, you must continue to claim weekly unemployment benefits for any period you are unemployed and seeking benefits. If you are found eligible, you will receive any benefits that you claimed.

What happens to my benefits while my hearing is being scheduled?

Benefits may be withheld while you wait for the hearing. If the Administrative Law Judge decides in your favor, any benefits due to you will be paid retroactively (after the fact), as long as you have continued to claim weekly benefits (certify for benefits) each week that you are still unemployed or are working 30 hours or less and making the maximum benefit rate or less.

IMPORTANT: If you ask for a hearing or are waiting for a hearing or a decision, you must claim benefits each week. This will allow you to receive retroactive benefits if the hearing decision is in your favor. When claiming weekly benefits, you must report all hours you worked even if you have not yet been paid. If you work more than 30 hours in a week or earn more than $504 in a week, you will not be eligible for benefits and do not need to claim that week. If you do not claim weekly benefits during this time, you may lose your right to receive benefits for these weeks.

How will I know when my hearing is scheduled?

The Administrative Law Judge Section of the Unemployment Insurance Appeal Board will notify you of the time and place of your hearing by sending you a Notice of Hearing. Please note that hearings may be conducted in person or by telephone. If your hearing is scheduled to be done over the telephone, you must ensure that the phone number listed on your hearing notice is correct. If you find an error, you should contact the hearing office listed on your notice immediately to make the necessary corrections or your hearing may not go forward. If you need to reschedule your hearing, contact the office shown on the hearing notice.

Important: Read the entire Notice of Hearing carefully, front and back, including special instructions for what documents or witnesses to produce at the hearing. You may also fax additional documents that support your case to the hearing office listed on your Hearing Notice prior to the hearing. Watch the video “How Can I Prepare for a Hearing?” on the Appeal Board’s website at uiappeals.ny.gov.

What if my employer requests a hearing?

Any of the employers listed on your claim may request a hearing if they believe your job ended due to a disqualifying reason, such as:

• You quit your job without good cause

• You were fired due to misconduct

*To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

New York State Department of Labor When this happens, the Department of Labor must review the employer’s hearing request, and if necessary, conduct further investigation. We may contact you for more information and make a new determination. Respond immediately to any calls or messages from the Department. Failure to respond may lead to a new determination based only on the available information.

If a new determination is not in your favor, your eligibility may be stopped, or your benefit rate may be reduced. You may also have to repay benefits that you received if we determine that you made false statements or withheld information to obtain benefits. If there is no change to the original determination, a hearing will be scheduled before an impartial Administrative Law Judge. Hearings are generally held between 15 to 30 days after the employer makes the request. A Notice of Hearing will be mailed to you 14 days before the scheduled hearing.

You will continue to receive benefits during the hearing process as long as you continue to meet the eligibility requirements. It is very important that you attend any scheduled hearings to protect your benefit rights and continued eligibility. If you do not appear, the hearing may continue without you.

The Administrative Law Judge may decide the case without considering your side of the story. If the decision is not in your favor, your eligibility may be stopped, or your benefit rate may be reduced. You may also have to repay benefits that you received if we determine that you made false statements or withheld information to obtain benefits.

IMPORTANT: While we review the employer’s hearing request, you must continue to claim weekly benefits for any period you are unemployed and seeking benefits. If you missed the hearing requested by your employer and received a decision stopping your eligibility, you may write a letter requesting to reopen the hearing so that you can present your side of the story. See “What happens if I miss the hearing?” in Chapter 10 for further instruction. Before the next hearing, get a copy of the case file as soon as possible and listen to the recording of the hearing(s) that you missed. See “Review and obtain a copy of your case file” in Chapter 10 for further instruction.

May I have representation at hearings?

You have the right to bring an attorney or other representative of your choice with you to the hearing, though it is not required. Under the law, any attorney or a representative registered with the Unemployment Insurance Appeal Board may charge a fee for representing you. Important: This fee can only be charged if you win your case, including any appeal. You cannot be charged a fee for services until the amount of the fee has been approved by the Unemployment Insurance Appeal Board. Both you and your attorney or registered representative will receive a letter from the Appeal Board notifying you of any fee approval. If you have won your hearing and receive a bill for services that has not been approved by the Appeal Board, you should contact the Appeal Board at 518-402-0205.

If you cannot afford to pay an attorney or a registered representative, you may be able to get free representation from an attorney who does not charge a fee or from a free legal services program. For a list of legal resources, including attorneys, registered representatives, legal services programs and pro bono attorneys’ organizations, go to the Unemployment Insurance Appeal Board website at uiappeals.ny.gov. Click on the “Helpful Information” tab and then click on “Guides and Resources.” Choose the “List of Attorneys & Authorized Agents.” You may also request this list by calling 518-402-0205.

Most representatives will want to see the case file before offering services, so make sure you obtain a copy to consult with legal service providers. See “Review and obtain a copy of your case file” in Chapter 10. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

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New York State Department of Labor

How can I prepare for a hearing?

Go to the Unemployment Insurance Appeal Board website at uiappeals.ny.gov and watch the video “Preparing for your Unemployment Insurance Hearing.” At the hearing, you may testify and present witnesses and documents. Witnesses may appear by phone, so if your witnesses cannot appear in person advise them to be available by phone at the time of the hearing and provide their phone numbers to the judge. If you cannot get necessary evidence, you may ask the Administrative Law Judge to issue a subpoena to direct the person or company who has the evidence to bring it in. You will be allowed to question opposing parties and witnesses at the hearing.

Before the hearing, you will get a detailed informational pamphlet that more fully describes the hearing procedure and your rights. If you have any questions that are not covered in the notice, contact the Appeal Board hearing office listed on the Notice of Hearing or contact the Claimant Advocate Office.

The Claimant Advocate Office can be reached by phone at 855-528-5618 from Monday to Friday, 9 AM to 4 PM. You may also send a secure message (English only): Log in at labor.ny.gov/signin. On the My Online Services page, in the Messages section, click "Go to My Inbox." and choose “Compose New.” Select "UI Claimant Advocate Office" for the subject line. See “Claimant Advocate Office” in Chapter 13, Appendix I.

Review and obtain a copy of your case file The case file includes documents that the Administrative Law Judge will use during the hearing. It also includes important documents that were used in reaching the determination, and may include a recording of any previous hearings. If you have a phone hearing, the case file will be mailed to you along with the hearing notice. If you have an in-person hearing, you have the right to view and copy your case file and listen to any recordings at the hearing site before the hearing. Bring your hearing notice to the hearing site well in advance of the hearing and request to view and/or copy the case file. If you have financial difficulty, you may fill out a waiver and request a free copy. If you are looking for legal representation, it is important to have your case file ready so that an attorney can review your case.

What happens if I miss the hearing?

It is very important that you appear at all scheduled hearings whether you or the employer asked for the hearing. If you fail to appear, you may ask to reopen the case. Fax or mail your written request to the Administrative Law Judge office address on the top of the first page of the decision notice as soon as possible. Make sure to include the case number, your current mailing address and telephone number, and the reason you did not appear in your request. You can find your case number on your hearing notice, at the top center of the page, or on your hearing decision notice, at the top left.

Attach any documentation that explains why you did not attend the hearing. Please list any dates in the next 45 days on which you are not available for a hearing. The Appeal Board will do its best to accommodate your schedule. Do not request a reopening of your case if you are not ready to proceed with a new hearing.

At the next scheduled hearing, the Judge will first take testimony on whether you had good cause for not appearing or proceeding at the prior hearing. The Judge will decide the other issues in the decision only if you had good cause for missing the prior hearing. If you fail to appear at the hearing to reopen, and make another request for a hearing, the case will not be automatically rescheduled. Instead, your request to reopen will be referred to the Appeal Board. The Board will review the application based on documents in the file and grant another hearing only if it determines that your failure to appear at both prior hearings was for good cause or if, in its discretion, the Board orders another hearing to consider the question of good cause.

New York State Department of Labor

How and when will I receive the judge’s decision?

You should receive the Administrative Law Judge’s decision by mail soon after the hearing date. If you do not, you should call the hearing office where you had your hearing (the phone number is on the Notice of Hearing). The decision will show the facts found by the Administrative Law Judge based on the evidence, the reasons for the findings, the reasons why those findings lead to the result and the decision itself. If you cannot understand the decision, call the Telephone Claims Center* or the Claimant Advocate Office at 855-528-5618 to have it explained to you.

How do I further appeal if I disagree with the judge’s decision?

You, the employer and the Commissioner of Labor have the right to appeal an Administrative Law Judge’s decision to the Unemployment Insurance Appeal Board. The notice telling you the Administrative Law Judge’s decision will also explain how to file an appeal with the Unemployment Insurance Appeal Board. Hearing Office Phone Number: 518-402-0205.

In order to appeal, you must have appeared before the Administrative Law Judge. Only the Commissioner of Labor may appeal without appearing at the hearing. You may send your appeal to the Unemployment Insurance Appeal Board at Unemployment Insurance Appeal Board PO Box 15126 Albany, NY 12212-5126 or by fax to 518-402-6208. Your letter or fax must include the Administrative Law Judge Case Number (listed on the decision above your name).

Important: Appeals must be filed with the Appeal Board within 20 days after the Administrative Law Judge’s decision is mailed to you. After you appeal, you will receive a Notice of Receipt of Appeal. It will explain your rights and the time limits for you to request the transcript of your hearing, submit a written statement and reply to statements submitted by other parties. These time limits will be strictly enforced. Therefore, you should read the Notice of Receipt of Appeal promptly and very carefully.

If you appeal more than 20 days after the date the Administrative Law Judge decision was mailed, you must explain why your appeal is late. You will receive a letter confirming receipt of your appeal; however, all late appeals must be reviewed by the Appeal Board. If the reason for your late appeal is accepted, you will receive a Notice of Receipt of Appeal with the instructions listed above. If the reason for your late appeal is not accepted, you will receive a letter telling you that.

If you plan to appeal or are waiting for an appeal decision, protect your right to benefits. Continue to follow any instructions received from the Telephone Claims Center.* Important: You must still claim weekly benefits (certify for benefits) for each week that you are unemployed or working 30 hours or less and making the maximum benefit rate or less, even if you are not receiving benefits. This will allow you to receive retroactive benefits if the appeal decision is in your favor.

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New York State Department of Labor

How do I further appeal if I disagree with the Appeal Board’s decision?

If you disagree with the Unemployment Insurance Appeal Board’s decision, you may file a Request for Reconsideration of the decision and/or you may further appeal to the Appellate Division of the New York State Supreme Court, Third Department. The employer or the Commissioner of Labor may do the same.

Requests for Reconsideration and Appeals to the Supreme Court must be filed with the Appeal Board in writing within 30 days after the Appeal Board’s decision is mailed to you. Mail your appeal to: Unemployment Insurance Appeal Board PO Box 15126 Albany, NY 12212-5126 The Appeal Board will then send you a notice with instructions on how to proceed with your Request for Reconsideration and/or appeal to the State Supreme Court.

If you plan to appeal to the State Supreme Court or are waiting for a decision from the Court, protect your right to benefits. Continue to follow any instructions received from the Telephone Claims Center.* Important: You must still claim weekly benefits (certify for benefits) for each week that you are unemployed or working 30 hours or less and making the maximum benefit rate or less, even if you are not receiving benefits. This will allow you to receive retroactive benefits if the appeal decision is in your favor.

New York State Department of Labor

11 Special Situations

What if I have a question about my benefits?

First, check this claimant handbook. You can also check the FAQs (Frequently Asked Questions) on our website at dol.ny.gov/claimant-frequently-asked-questions. Next, you can also send us a secure message from your online account. Sign in to your account at labor.ny.gov/signin. On the My Online Services page, in the Messages section, click "Go to My Inbox."

Select "Compose New." Select Subject: "Claims Questions." Select Second Subject: "Claims Questions- Other." In the body of the message, explain your question. You may also call the Telephone Claims Center,* but please be aware that Monday and the day after a public holiday are the busiest days for phone calls so wait times may be longer. The rest of the week is less busy.

What if I think my benefits are late? Also, how do I check my payment history and/or

payment status?

To check the status of your benefits and for a complete record of your Unemployment Insurance benefit payments, sign in to your online account at labor.ny.gov/signin. On the My Online Services page, click on “Unemployment Services,” then “View Payment History.” You can also call our Tel-Service automated telephone service at 888-581-5812. Follow the prompts to check your payment history and payment status. TTY/TDD users call 877-205-3119. Video Relay Service users, contact your relay operator and ask the relay operator to call 888-783-1370.

Important: After we determine that you are eligible, it generally takes three business days for benefit payments to appear on your debit card or in your bank account via direct deposit after they are released. If three days have passed since a payment was released and the funds are not in your account, you should contact Way2Go Program Customer Service at 844-649-9845 if you have a debit card. If you have direct deposit, contact your bank. If there is a holiday in a given week, payments may be delayed by one day that week.

If you have a question about your claim or payments, call the Telephone Claims Center.* I was unable to file my claim during the first week I became unemployed.

Can I backdate my claim?

If you would like to request backdating of your claim to the first week you became unemployed, you must call the Telephone Claims Center* and speak with an agent. You must be prepared to explain why you were unable to file your claim during the first week you became unemployed. We will review your reasons and let you know if we can backdate the claim. Depending on your reasons, we may be able to backdate your claim for one week

My benefits have stopped. What is going on?

Most likely, either you missed a work search appointment (please see ”What happens if I miss my work search meeting?” in Chapter 7) or the Department of Labor received information that may affect your eligibility for benefits. That information may have come from a former employer, a questionnaire you returned, or you may have tried to certify for benefits from outside the United States (please see “What if I travel outside my area or outside the country?” in Chapter 6). When this happens, we are required to investigate and your benefits may be held for up to ten (10) days.

40 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor The Department may continue to withhold benefits if a determination stopping benefits has been issued. If you have had benefits stopped for more than ten (10) days and have not received a determination, please contact us at labor.ny.gov/signin. Enter your NY.gov username and password.

On the My Online Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: "Claims Questions." Select Second Subject: "Certification Questions." In the body of the message, explain that you have had benefits stopped for more than 10 days and you have not received a determination. Or, call the Telephone Claims Center.* Important: While the investigation continues, please continue to claim weekly benefits as long as you are unemployed and meet the eligibility requirements.

If I receive dismissal or severance pay, will it affect my benefits?

Dismissal or severance pay may affect your eligibility to receive benefits. You may be eligible for Unemployment Insurance if the weekly payments of dismissal or severance are less than the maximum benefit rate. You must notify the Telephone Claims Center* if you receive or will receive dismissal or severance pay. If you do not, you may receive an overpayment, which you will need to pay back. You also may be subject to other penalties.

You will not be eligible for benefits if:

• You receive weekly dismissal or severance payments that are greater than the maximum weekly

benefit rate, or

• Your employer gave you a lump sum payment and the weekly pro-rated amount of the payment is

greater than the maximum weekly benefit rate You may be eligible to collect benefits if:

• The weekly amount of dismissal or severance pay is less than or equal to the maximum weekly

benefit rate, or

• You receive your first dismissal or severance payment more than 30 days after the last day

you worked If you are found ineligible because you received dismissal or severance pay and you are still unemployed when your dismissal or severance pay ends, you should file a new claim for benefits. You should do this even if you are not sure if you have enough earnings, or if you filed a claim when you started receiving dismissal or severance pay. We will determine if you are eligible for benefits.

If I lose my full-time work and have a part-time job on the side, do I have to keep the

part-time job?

This question can arise for people who work two jobs, such as a full-time job and a part-time side job that pays less than the main job. If they lose their main job, their earnings from the part-time job can be less than they would receive in Unemployment Insurance benefits for the days they work at the side job. Their income is actually reduced for continuing to work the side job while they receive Unemployment Insurance benefits.

Under New York’s Unemployment Insurance law, you may be found eligible to receive benefits if you quit the side job due to financial hardship. However, the Department of Labor must investigate whether you had good cause to quit your side/part-time job. This may temporarily stop your benefits and possibly lead to a determination that is not in your favor. You must be prepared to show the Department of Labor your income and expenses.

New York State Department of Labor

Can I use military service to establish a claim?

You may be able to use recent military service to establish a claim if you meet certain conditions. If your service was within the past 18 months, call the Telephone Claims Center* for more information. If you have not done so already, mail a copy of your most recent separation Form DD214, Member 4 to:

New York State Department of Labor PO Box 15130 Albany, NY 12212-5130 Wages earned while in the reserves can be used to establish a claim if a reservist has 180 consecutive days of active duty service.

How does military reserve training affect my existing claim?

Members of the state Army National Guard or reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard are not eligible to receive Unemployment Insurance benefits while in annual field training. You are considered both unavailable for work and not totally unemployed. However, your monthly drill sessions do not affect eligibility for your full weekly benefit amount. Be sure you have mailed in Form DD214, Member 4 to the address shown above.

What if I work for an educational institution?

If you are an employee of an educational institution, you are not eligible for benefits when school is not in session if your employer has given you reasonable assurance that you will be employed and paid in a similar manner once school is back in session. You have reasonable assurance if:

• You have a contract to continue working after a school vacation, holiday recess or break

between terms.

• Your employer has informed you in good faith that you are likely to continue working and being

paid in a similar manner after the vacation, recess or break. You could be eligible for benefits if you have wages from other, non-educational employment during the same period of time. If you were not offered similar work by the educational institution for the new term or year, you may be eligible to get benefits. While we review your claim, you must continue to claim weekly benefits (certify for benefits) each week during the period of your unemployment, even if you are not getting benefit payments. See “How Do I Claim Weekly Benefits?” in Chapter 6.

Note: Reasonable assurance does not apply to you if you work in an educational institution but your employer is a contractor that provides services to the educational institution.

Does receiving a pension affect my benefits?

If you have retired and are not looking for work, you are not eligible for Unemployment Insurance benefits. If you retired from a job and are actively looking for other work, you may be eligible for Unemployment Insurance benefits. You must meet the same conditions as all other claimants. Your benefits will be reduced by 100 percent of the amount of the pension if your base period employer contributed to it, even if you also contributed to the pension. If you were the sole contributor to the pension, your benefits will not be reduced.

The Department of Labor will determine if your benefits must be reduced. You may request a hearing if you disagree. Please see “Hearing and Appeal Process” in Chapter 10. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

42 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor If you become eligible for a pension while receiving Unemployment Insurance benefits, you must notify the Telephone Claims Center.* Important: If you don’t notify us, you may receive an overpayment which you will need to pay back. If we find that you acted fraudulently, you may also forfeit future days of benefits and be subject to monetary penalties.

Does receiving Social Security affect my benefits?

Collecting Social Security will not affect your Unemployment Insurance benefits. However, you must be available for and looking for work with no restrictions while collecting benefits, just like all other claimants.

Does receiving workers’ compensation affect my benefits?

If you are receiving workers’ compensation but you are available and physically able to perform work, you may be eligible for Unemployment Insurance benefits. However, receiving workers’ compensation benefits may cause your weekly Unemployment Insurance benefit rate to be reduced. The total weekly amount of your workers’ compensation and Unemployment Insurance benefits cannot be more than the average weekly wage you earned during your base period.

If you are able to return to work, be prepared to send us a copy of your most recent Subsequent Report of Injury (SROI) filing. A paper copy should have been mailed to you. Or, you can print it out from your workers’ compensation electronic case folder. Please also be prepared to send us a note signed by your doctor that says you are able to return to work.

You must notify the Telephone Claims Center* about any workers’ compensation benefits you receive during the same weeks you collect Unemployment Insurance benefits. Important: If you do not notify us, you may receive an overpayment which you will need to pay back. The Department of Labor will determine if your benefits must be reduced. You may request a hearing if you disagree.

Please see “Hearing and Appeal Process” in Chapter 10.

Can I go to school or training while receiving benefits?

You may be able to participate in an education or training program while collecting benefits if you are accepted into the 599 Program. The 599 Program is a special provision in the Unemployment Insurance (UI) Law that makes it possible for UI recipients to collect benefits while they attend training. If your training is approved under this program, you are not required to look for work. The 599 Program does not pay for tuition or other school-related expenses.

Training programs must meet certain eligibility requirements to be approved. If your training is approved under the 599 Program, you may be eligible for up to an extra 26 weeks of UI benefits – in addition to your 26 weeks of regular UI benefits. Important: You must apply for the 599 Program within the first 13 weeks of your claim to receive maximum benefits. A delay in notifying the Department of Labor about your training may result in a reduction of any extra benefits that may be available to you. If you fail to tell us that you are in training while you are collecting benefits, you may be subject to penalties and you could lose future benefits. Funding for additional benefits is not always available. If funds are not available, it is possible that you will not receive any extra benefits and these benefits could stop before you finish your training.

You must submit a 599 application to the Department of Labor as soon as you are accepted into a school or training facility. Important: Notify the Department of Labor as soon as you are enrolled in training. If you indicated that you are attending or will attend a training program when you filed your claim, you must submit a training application immediately to the Department of Labor to the address provided on the application. You may request an application or obtain general information by contacting the 599 Central Review Unit at 518-402-0189.

New York State Department of Labor If you are interested in attending training and have not yet enrolled, you should contact your local New York State Career Center as soon as possible. Trained counselors at the Career Center will assist you with your training needs and provide you information about training programs in your area. To find the nearest Career Center, please view the online Career Center locator at dol.ny.gov/career-centers If you do not have a high school diploma, you may be eligible to get a high school equivalency degree while receiving Unemployment Insurance. If you have limited English skills, you may also be approved to attend English as a Second Language class training. Contact a New York State Career Center for more information.

What if I am in the New York State Registered Apprenticeship Program?

If you are in a New York State Registered Apprenticeship Program and are attending Apprenticeship training while claiming Unemployment Insurance benefits, you must tell the Telephone Claims Center* that your training is a requirement of your Apprenticeship Agreement (Form AT401) for the Registered Apprenticeship Program.

If you are interested in participating in a Registered Apprenticeship Program, contact your local Apprenticeship office for more information. For a listing of Apprenticeship offices, go to labor.ny.gov/apprenticeship/contactus.shtm. Starting a business: The Self-Employment Assistance Program (SEAP) The Self-Employment Assistance Program, or SEAP, allows you to start and operate your own business while collecting up to 26 weeks of Unemployment Insurance benefits. You do not have to look for other work while participating in the SEAP program, but you must work full time on your business. Important: To be eligible for this program, you must be identified by us as likely to or more weeks of benefits left on your claim when you apply for the SEAP. You must meet program eligibility requirements and receive written acceptance from the Department of Labor into the SEAP before you can start or operate your own business while collecting benefits.

For more information about the SEAP, go to labor.ny.gov/seap or contact a New York State Career Center. To find your closest New York State Career Center, go to labor.ny.gov/career-center-locator, or call the Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

I lost my job due to international trade. What is Trade Adjustment Assistance (TAA)?

If you were laid off due to a lack of work either directly or indirectly because of international trade, you may be eligible for the federal Trade Adjustment Assistance program, or TAA for short. TAA assistance may include:

• Paid training: The TAA program pays for training in order to upgrade skills so that you may gain

suitable employment. Allowable types of training include: classroom, distance/online, post- secondary, apprenticeship, GED preparation, remedial, prerequisite and on-the-job training.

• Help finding and training for a new job: This can include assessing your skills, career counseling,

help with resume writing and interview skills, job referrals and more.

• Transportation and subsistence payments can help you pay for transportation and living costs

when attending training outside your commuting area.

• Job search allowances can reimburse 90% of travel expenses to job interviews outside your

commuting area. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

44 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor

• Relocation allowances can help pay 90% of moving expenses for you and your family if you move

outside your commuting area for a new job.

• Trade Readjustment Allowances (TRA) This weekly allowance is payable after you have exhausted

your Unemployment Insurance, while in full-time, TAA-approved training.

• Reemployment Trade Adjustment Allowances (RTAA) provides a wage supplement for up to two

years, for those who are aged 50 and over and are re-employed at annual wages of $50,000 or less. This benefit helps bridge any salary gap between your old and your new job. Important: You must meet certain deadlines to qualify for some of these benefits. To be eligible for these benefits, the United States Department of Labor must certify that foreign trade was an important reason that you lost your job. A petition must be filed to receive this certification. The petition can be filed by:

• A group of three co workers from the same firm at the same job location

• A union official

• A company official

• A representative of a state or local agency at a New York State Career Center

You can get a petition form and filing instructions online at dol.gov/agencies/eta/tradeact/petitioners. The petition must be filed with the United States Department of Labor within one year of the date you lost your job. Once a valid petition is received by the United States Department of Labor, a decision should be made within 40 days.

For more detailed information about assistance and services you may be eligible for under this program, contact a New York State Career Center. To find the closest Career Center, go to dol.ny.gov/career-centers or call the New York State Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

It’s unlikely I’ll be able to find another job in my old industry or occupation. What are

“dislocated worker” services?

A “dislocated worker” is someone who lost their job due to one of the following situations:

• You were terminated or laid off from your job, are eligible for Unemployment Insurance benefits and

are identified by us as unlikely to return to your previous industry or occupation

• You lost your job as a result of a plant closing or substantial layoff

• You have been unemployed for a long time and are unlikely to get another job in the same or

similar occupation

• You were self-employed and are unemployed due to general economic conditions or a natural

disaster, or

• You are a spouse of a member of the Armed Forces on active duty who has experienced a loss of

employment as a direct result of relocation to accommodate a permanent change in duty station of such member You may also be considered a dislocated worker if you have been away from the labor force for many years. For example: you were a full-time homemaker and you must now return to the labor force because you have lost your source of income.

As a dislocated worker, you may be eligible for retraining and other services. Contact a New York State Career Center for information about services available under this program. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call the New York State Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m Monday - Friday.

New York State Department of Labor

What if I did not work in New York State in the last 18 months?

If you have not worked in New York State in the last 18 months, you must file your claim with one of the states where you worked. Check the other state’s website to find out how to file in that state.

What if I worked in New York State and one or more other states in the last 18 months?

If you worked in New York State and one or more other states in the last 18 months, notify the Department of Labor as soon as possible. By using wages from other states, you may have enough wages to qualify monetarily for benefits or receive a higher benefit amount. If wages from other states are missing from your Monetary Benefit Determination, complete and submit the Request for Reconsideration form at the back of this handbook.

Unemployment Insurance benefits are taxable Unemployment Insurance benefits are subject to federal, New York State and local taxes. You can have federal and/or state tax withheld from your Unemployment Insurance benefits. If you do not, you may end up owing taxes at the end of the year. If you decide to have federal tax withheld, ten percent of your weekly benefit amount will be withheld. If you decide to have state tax withheld, 2.5 percent of your weekly benefit amount will be withheld. Federal and/or state tax will be withheld only after any mandatory deductions, such as child support payments, are made. Tax withholding is voluntary.

You can stop or start the withholding at any time through your account at labor.ny.gov/signin. Enter your NY.gov username and password. Click the ‘Unemployment Services’ button on the My Online Services page. Click the ‘Update Your Personal Information’ button on the Unemployment Insurance Benefits Online page. Click the ‘Update Tax Withholding’ page. Or, you can call the Telephone Claims Center.* The Department of Labor cannot return any money withheld for taxes to you.

Year-end tax statement (Form 1099-G) In early January, your tax statement (Form 1099-G) will be available. It will show the total Unemployment Insurance benefits paid to you during the calendar year and any taxes withheld. You can either print it out from your online account at labor.ny.gov/signin, enter your NY.gov username and password. Click the ‘Unemployment Services’ button on the My Online Services page. Click the ‘Get Your NYS 1099-G’ button on the Unemployment Insurance Benefits Online page. Or, you can call the Telephone Claims Center* (after you select your language, follow the prompts to obtain your 1099 form) to have a copy mailed to you. You will need the PIN you established when you filed your claim. Form 1099-G information is also sent to the federal Internal Revenue Service and to the New York State Department of Taxation and Finance. If you need a copy of 1099-G forms from previous claim years, call 518-485-7071.

If you have questions about federal taxes, call the Internal Revenue Service (IRS) at 800-829-1040 or visit irs.gov. If you have questions about state taxes, call the New York State Department of Taxation and Finance at 518-457-5181 or visit tax.ny.gov. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

46 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor My employer paid me as an independent contractor and/or paid me off the books.

What do I do?

It is against the law for any employer to force you to give up your rights to file for Unemployment Insurance benefits. No employer should tell you that you cannot claim benefits. Everyone has a right to file a claim. The Department of Labor will decide if you are eligible for benefits. It does not matter whether your employer considered you an independent contractor or an off-the-books worker. It does not matter whether you were paid in cash, check, part cash/part check or otherwise. If you think you may be eligible for benefits, you should apply and let the Department review your case.

If you have been misclassified as an independent contractor or paid off the books, your wages may not appear on your Monetary Benefit Determination form. Please see “If wages and/or employers are missing from your Monetary Benefit Determination notice” in Chapter 4. Complete and return the Request for Reconsideration form found at the back of this handbook.

You may receive a questionnaire to fill out or you may be contacted by the Telephone Claims Center* about your employee classification status. Complete and return any questionnaires you receive as soon as possible. Please Note: Independent contractor/off-the-books payment issues can take more than six weeks to resolve.

If you know of other workers who have been misclassified, call the Employer Fraud Hotline at 866-435-1499 (24 hours) or the Unemployment Insurance Fraud Unit at 518-485-2144 from 8 a.m. to 4 p.m. Monday - Friday. We will keep your information private and you can remain anonymous.

I exhausted my 26 weeks of benefits. Can I extend my benefits?

Currently, Unemployment Insurance offers a maximum of 26 weeks of benefits. There are no exceptions. Congress has not extended the program. If you are still unemployed and want to know what other benefits may be available to you, visit the mybenefits.ny.gov website. After your benefit year ends, if you are still unemployed, you may file another claim to see if you are eligible.

How do I get proof that I am receiving or have received Unemployment benefits?

If you are applying for other types of government benefits, you may be required to show proof that you are receiving or have received Unemployment Insurance benefits. To obtain these records, sign in to your online account at labor.ny.gov/signin. On the My Online Services page, click on “Unemployment Services,” then “View Payment History.” If you do not have online access, call 888-581-5812 and then follow the prompts to check your payment history *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

New York State Department of Labor

12 Glossary Of Important Terms

Base Period: A base period represents one year of your work and wages (four calendar quarters). You must have been paid a minimum amount of wages in these four quarters in order to qualify for Unemployment Insurance benefits. Basic Base Period: The first four of the last five completed calendar quarters before you file for benefits. The quarter in which you file for benefits does not count as part of your base period.

Alternate Base Period: The last four completed calendar quarters immediately before you file for benefits. The quarter in which you file for benefits does not count as part of the Alternate Base Period. Extended Base Period: Your Basic Base Period, plus the one or two quarters preceding it, make up your Extended Base Period. Available only to claimants who received workers compensation or volunteer firefighters’ benefits and who do not qualify on the basis of earnings in their Basic or Alternate Base Periods.

Benefit Rate: The benefit rate is the amount of money you receive if you are eligible for a full week of Unemployment Insurance benefits. It is calculated based on your base period employment and earnings. Benefit Year: The benefit year is the one-year period that begins the Monday after the week you filed your original claim. You can be paid benefits for up to 26 weeks or the equivalent during your benefit year. If you remain unemployed or become unemployed during the week immediately following the end of your benefit year, you must file a new claim immediately following the end of your benefit year.

Benefit Year Ending Date: The benefit year ending date is the date your Unemployment Insurance claim ends. After the benefit year ending date, you can no longer collect Unemployment Insurance benefits on that claim. Your benefit year ending date is shown on documents that we mail to you. You can also find it through your online account at labor.ny.gov/signin. If you were employed for part of your benefit year, but are unemployed after the benefit year ending date, you can file a new claim on our website or by calling the Telephone Claims Center.* Certifying for Benefits: The process of claiming weekly benefits is also called certifying for benefits.

This is because when you answer the questions that are part of claiming weekly benefits, you are certifying to the Department of Labor that your answers are true and correct and that you are still ready, willing and able to work. Civil Penalty: The monetary penalty for willfully (knowingly) making false statements or withholding relevant facts to receive benefits. The amount is $100 or 15% of the overpayment amount whichever is greater. See “Monetary Penalty.” Claim: Your claim is your application for Unemployment Insurance benefits. If we approve your application and you are receiving benefits, we will also refer to your open Unemployment Insurance case as your claim.

Claimant: Any person seeking Unemployment Insurance benefits. Covered Employment: Employment that can be used to establish a claim for Unemployment Insurance benefits. The law requires most employers to provide Unemployment Insurance coverage. The employer pays contributions to New York State, which are used to pay your benefits. There are a few types of work that are not covered by Unemployment Insurance. If your work was not covered, the Department of Labor will tell you so in a letter.

Determination: For the purposes of the Unemployment Insurance program, a determination is the formal name for a decision the Department of Labor makes concerning your claim. For example, the Monetary Benefit Determination form tells you our decision about how much you may receive in benefits each week. An eligibility determination tells you if you are eligible for benefits. It is important to read, understand and keep any notice you receive from us that has “determination” in its title.

48 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

Hours worked in a week: 0-10. Number of days we consider you to have worked: 0. Percent of weekly benefit rate for which you are eligible: 100%.

Hours worked in a week: 11-16. Number of days we consider you to have worked: 1. Percent of weekly benefit rate for which you are eligible: 75%.

Hours worked in a week: 17-21. Number of days we consider you to have worked: 2. Percent of weekly benefit rate for which you are eligible: 50%.

Hours worked in a week: 22-30. Number of days we consider you to have worked: 3. Percent of weekly benefit rate for which you are eligible: 25%.

Hours worked in a week: 31 or more. Number of days we consider you to have worked: 4. Percent of weekly benefit rate for which you are eligible: 0%.

New York State Department of Labor Dislocated Worker: A dislocated worker is someone who lost their job due to one of the following situations:

• You were terminated or laid off from your job, are eligible for Unemployment Insurance benefits and

are identified by us as unlikely to return to your previous industry or occupation

• You lost your job as a result of a plant closing or substantial layoff

• You have been unemployed for a long time and are unlikely to get another job in the same or

similar occupation, or

• You were self-employed and are unemployed due to general economic conditions or a natural

disaster You may also be considered a dislocated worker if you have been away from the labor force for a substantial number of years. Effective Day: Each day in a week (Monday through Sunday) that you qualify for benefits is called an effective day. There is a maximum of four effective days each week, and you must qualify for all four effective days in order to receive your total weekly benefit rate. For each day in the week that you are not eligible to receive benefits, you will receive one less effective day, which is equivalent to one fourth of your weekly benefit rate.

Hours worked in a week Number of days we Percent of weekly benefit rate consider you to have worked for which you are eligible 0-10 0 100% 11-16 1 75% 17-21 2 50% 22-30 3 25% 31 or more 4 0% 599 Program: A program that allows you to attend school or training while receiving Unemployment Insurance benefits. You must notify the Department of Labor as soon as you are enrolled in training.

File a claim: When you make an initial application for Unemployment Insurance benefits. This is not the same as a weekly certification for benefits (see definition of “Certifying for Benefits” above). In order to file a claim online you must set up an NY.gov account at labor.ny.gov/signin. Forfeit Days: Forfeit days are future benefits you may claim that you forfeit or lose as a penalty. Each forfeit day equals one effective day (see above). Even if you are otherwise eligible, any claims that you file will first go toward this penalty before you can be paid. Forfeit days can only be applied to claims that are actually filed and can cross over multiple benefit years. The penalty remains in effect until you have served all of your forfeit days or until the expiration date, whichever comes first.

Fraud: An act of deceiving or misrepresenting. For example, certifying that you were not working when in fact you were working in order to receive Unemployment Insurance benefits. Local Labor Market Area: Your local labor market area is defined as the area you can reach within one hour by private transportation or one-and-one-half hours by public transportation. You should feel free to expand your job search beyond those areas. Where used in this handbook, your local labor market area is any part of New York State and within fifty (50) miles of its borders.

Misconduct: Misconduct is any act or omission which you knew was not permitted on the job and which caused or could have caused harm to the employer. Monetary Benefit Determination: A notice that shows whether or not you have enough wages to qualify for benefits. It shows your base period, benefit rate (if any) and employers and wages used to calculate the benefit rate. Important: The Monetary Benefit Determination does not tell you if you are eligible for Unemployment Insurance benefits. It simply shows if you have enough wages to *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

New York State Department of Labor qualify for a benefit rate. There may be other factors that determine whether or not you are eligible for benefits. Monetary Penalty: A monetary penalty is charged if we have determined that you willfully (knowingly) made false statements or concealed relevant facts to receive benefits. The penalty is $100 or 15% of the overpayment amount, whichever is greater, and is charged in addition to any benefits that must be repaid. See “Civil Penalty.” Notice of Determination: A determination is the formal name for a decision the Department of Labor makes concerning your claim. It is an important document and provides you with a right to a hearing if you disagree.

Overpayment: An overpayment occurs when you receive Unemployment Insurance benefits that you were not entitled to. In most cases, overpayments must be repaid to the Department of Labor. If you chose to have federal and/or state tax withheld from your benefits, you must repay the withheld amount as well.

Ready, willing and able: When filing for Unemployment Insurance benefits, you must be prepared to take a job right away, even at a moment’s notice. You must also be able to work (not sick, hospitalized or unable to get child care). Every week, you must verify that you were ready, willing and able to work.

Reasonable Assurance: If you are an employee of an educational institution, you are not eligible for benefits when school is not in session if your employer has given you reasonable assurance that you will be employed and paid in a similar manner once school is back in session. You will have reasonable assurance if:

• You have a contract to continue working after a school vacation, holiday recess, or break between

terms

• Your employer has informed you in good faith that you are likely to continue working in a similar

manner after the vacation, recess, or break You could be eligible for benefits if you have wages from other, non-educational employment during the same period of time. Note: Reasonable assurance does not apply to you if you work in an educational institution but your employer is a contractor that provides services to the educational institution.

Self-Employment Assistance Program (SEAP): The Self-Employment Assistance Program allows certain unemployed people to start their own businesses while collecting Unemployment Insurance benefits. To be eligible for this program, you must be identified by the Department of Labor as likely to exhaust benefits.

You must also have 13 or more weeks of benefits left on your claim. You must request and receive written acceptance into the SEAP program from the Department of Labor before you can start or operate your own business while collecting benefits. If you are accepted into the SEAP, you will be able to work full time to start and run your business while collecting Unemployment Insurance benefits, even if you earn money from your business. For more information about the SEAP, go to labor.ny.gov/seap or contact a New York State Career Center. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call the Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

TAA Program: The Trade Adjustment Assistance (Trade Act) program is a federal program that provides special benefits and services to workers who have lost their jobs as a result of foreign trade. Contact a New York State Career Center for more information. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call the Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

Telephone Claims Center: The office of the Department of Labor that handles Unemployment Insurance claims. The duties of Department of Labor employees who work at the Telephone Claims Center (TCC) include receiving claims, answering questions from claimants and employers, identifying possible issues with claims, obtaining information necessary to decide a legal issue and making decisions on the legal issue.

50 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor Unemployment Insurance Cutoff Wage (UI Cutoff Wage): A wage that is 10 percent below the Unemployment Insurance prevailing wage for a given occupation. Unemployment Insurance Prevailing Wage: The prevailing wage is the pay rate for similar jobs in a given area as determined by a survey done by the Department of Labor. Important: The Unemployment Insurance prevailing wage is to be used for Unemployment Insurance purposes only.

It is not to be used for prevailing wages for Public Work or Foreign Labor Certification purposes, for example. To find the Unemployment Insurance prevailing wage for a given occupation, please go to statistics.labor.ny.gov/uiwages.shtm or check with a New York State Career Center. Week of Employment: A Monday-through-Sunday time period in which you were paid wages for work in covered employment.

Waiting Period or Week: The first full week you claim benefits is a waiting period or week. You will not receive Unemployment Insurance benefits for this week. After this waiting week, you will receive Unemployment Insurance for each week that you claim weekly benefits. You must be ready, willing and able to work during this waiting week, just like any other week for which you want to receive Unemployment Insurance benefits. In addition, you must fulfill all work search and related record-keeping requirements. For more information, please see “What are the work search requirements?” in Chapter 7.

If you work 11 hours or more during the first week of your claim or do not serve a full waiting week for other reasons, the waiting period will extend into the next week(s). A full waiting week is four effective days. See “Effective Day.” Week Ending Date: The week ending date is the Sunday of the week for which you are claiming benefits.

Willful Misrepresentation: When someone makes statements to the Department of Labor that they knew were false. Work Search Plan: A Work Search Plan is a formal agreement that is developed and signed by you and your Workforce Advisor at a New York State Career Center. This agreement spells out in writing exactly what type of work you are looking for, what work search activities you will do and how often you will do them, and the wages you must seek and accept if offered a job. The plan will also address any limitations or restrictions that may affect your job search. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call the Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

New York State Department of Labor

13 Appendix I: Claimant

Advocate Office

Helping claimants understand their rights and responsibilities throughout the Unemployment Insurance process The Claimant Advocate Office operates within the Department of Labor’s Unemployment Insurance Division, separate from the Telephone Claims Center (TCC). Advocates provide free, impartial and confidential services that help claimants, particularly those with limited English proficiency or other barriers, understand their rights and responsibilities under Unemployment Insurance law.

We empower claimants through knowledge. Often, a difficulty you are experiencing is something you can resolve yourself, but you may not know where to start. That’s where we come in. We take time with each person to ensure you fully understand what is happening and we strive to give you a complete understanding of how the process works.

What issues can the Claimant Advocate Office assist with?

• You’ve received a determination or a questionnaire and don’t fully understand it

• You were found ineligible for benefits and need guidance on the hearing process

• You have an upcoming hearing or appeal and need help preparing for it

• It has been more than six weeks since you filed your claim and you have not received benefits or a

determination The Claimant Advocate Office cannot:

• Provide legal representation

• Expedite a claim that is within the standard review period

• Make a determination about your eligibility

• Influence the outcome of a claim

• Pay benefits

52 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor When should I contact the Telephone Claims Center (TCC) instead of the Claimant

Advocate Office?

Important: Your first payment will generally be made in two to three weeks from the time you file your claim. However, in some cases, additional information must be obtained before payment can be made and your first payment may take longer. If this time has not lapsed, please continue to wait for the review process to be finished. Also, the Claimant Advocate Office is separate from the Telephone