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?