Can an unemployment benefits claim filed late be backdated?

Asked about 4 years ago - New York, NY

I was terminated from my job in April 2009, but did not file a claim for unemployment benefits until October 2009 because I was not aware that I was eligible for unemployment benefits if I was receiving severance payments (not mitigated). I was not aware because my employer did not provide me with Form IA 12.3 as required by NYS the date of separation. The NYS unemployment website clearly indicates that employers are to provide such form to an employee. I requested backdating on the basis of lack of knowledge and received a determination denying my claim for backdating. In my claim I did not indicate my point about the Form IA 12.3 as I subsequently found out about the form requirement. I would like to appeal before an Administrative Judge. What are my chances of prevailing?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Explain that you did not intend to file a false claim but you were not provided with the proper form by your employer. BEFORE you go to the hearing confer with a NYS employment lawyer. FYI my partner James DeFelice does this type of law in NYC.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..



    New York City: A Guide to the Courts……………………………………..


    Employer/Employee Disputes


    FYI my law partner James DeFelice practices labor law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com


    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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