Request for Reconsideration

When you receive your determination letter in the mail, it will show your weekly benefit rate for Unemployment Insurance (UI). If the wages shown on the form are wrong or employment or earnings are missing, then you can make a request to have your Monetary Determination reconsidered. This is called a Request for Reconsideration.

The Request for Reconsideration form can be found on our website here or you can find it in the Claimant Handbook.

You can submit the form in one of the following ways:

• Fax: 518-457-9378. 
• Mail: New York State Department of Labor, P.O. Box 15130, Albany, NY 12212-5130.
• Electronic: You can also submit a Request for Reconsideration through DOL’s secure messaging system in your online account at labor.ny.gov/signin. If you submit your Request for Reconsideration through your online account, first select “Submit Documents” and then “Submit Wage Documents.” Please use the subject line “Wage Documentation”.

If you qualify for Unemployment insurance, the Monetary Determination will show your weekly benefit rate. You use the Request for Reconsideration form only if:

• The wages shown on the form are wrong or;
• Your employment and earnings are missing from the base period;

Be sure to include proof of your employment and wages, such as a copy of pay stubs that total the amount of earnings you list on the form for the time in question.

If you have no pay stubs please send any documents you may have that we can use as proof. If you do not have documents, please explain why you have no proof of earnings (for instance, you were paid in cash or "off the books").

We will review your Monetary Determination based on the proof you submit. We may contact your base period employer(s) to verify the wages paid to you in that time. If your benefit rate changes, we will mail you a revised Monetary Determination.

If you do not qualify, the Monetary Determination will explain why. Check that the Monetary Determination form is correct. Fill out the Request for Reconsideration if the wages shown on the form are wrong or your employment and earnings are missing. If the company you work for has told you that you are an Independent Contractor, but you believe that you may be employee, you can go to https://dol.ny.gov/independent-contractors for more information about what is an employer-employee relationship vs. an independent contractor relationship.

Send correct wage information for all four Basic Base Period Quarters and the Alternate Quarter. To speed up the review of your claim, be sure to include proof of your employment and wages, such as pay stubs that total the amount of earnings you list on the form for the time in question.

IMPORTANT:
If you have no pay stubs, please send any documents you may have that we can use as proof or explain why you have no proof of earnings.

We will review your Monetary Determination based on the proof you submit. We may contact your base period employer(s) to verify the wages paid to you in that time. If your benefit rate changes, we will mail you a revised Monetary Determination.
Once the request for Reconsideration is reviewed along with any wage documents, a revised Monetary Determination will be mailed.

Your Alternate Base Period is 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.

You should complete the Request for Alternate Base Period Form only if your 'high quarter' wages are in the Alternate Base Period and you wish to have your rate based on those wages.

If the Alternate base period wages are not showing on the Monetary Determination, you will need to provide proof of wages.

Once wages are "used," they cannot be included in a future claim. 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 later claim.

There is a deadline for us to consider you for the Alternate Base Period. Fill out and submit the Request for Alternate Base Period form. The Department of Labor must receive your completed form within 10 days from the "Date Mailed" on the Monetary Determination.

If your request is approved:

If your request is approved you should begin receiving a higher weekly benefit when you certify for weeks of unemployment. Additionally, you may be entitled to receive back payments for weeks you were previously paid at the lower weekly benefit rate. Back payments should be received within 3 weeks of receiving a notice from the DOL that your weekly benefit rate was increased. If you have not received the back payments after 3 weeks, you can let us know by calling us at 888-209-6851.

If you cannot reach us by phone you can send a message through the secure messaging system in your online account. To contact us about your increased benefit rate through our online system, log in to labor.ny.gov/signin with your NY.gov username and password. Select “Go to My Inbox” and then “Compose New.” Select “Payments Due After Benefit Rate Increase” for the subject line, compose your message with the dates you would like investigated, and then click “Send."

If your request is not approved:

A notice will be sent to you if the documents you provided are not adequate, or do not increase the benefit rate.  Additional documents may also be requested in order to complete the request.

Q: Are all wages assigned to the quarter in which they are earned?

No. Wages are assigned to the quarter of the pay date, not the pay period.
 

Q: Can I submit a Request for Reconsideration if I was paid off the books or as an independent contractor?

Yes. DOL will review.
 

Q: If I sent my paystubs, a 1099, or W2 to DOL, will DOL review it and adjust my rate even if I did not send a Request for Reconsideration form?

Yes. DOL will review all wage documents, including 1099s, and make proper adjustments on a case-by-case basis. Sending a Request for Reconsideration form, however, will help your case get routed to the correct DOL representatives.

Q: What if I do not have paystubs? Can I send in a W2?

Yes. DOL will review all wage documents, including paystubs.

Q: If I make a Request for Reconsideration, could my benefit rate go down?

Your rate will depend on the details of your income. If you were overpaid benefits, the DOL will notify you.

Q: Can I estimate my weekly Unemployment Insurance benefit amount?

Yes, you can use the benefit rate calculator on our website. Please note that the tool gives an estimate only. It does not guarantee that you will be eligible for benefits or a specific amount of benefits. You must file an Unemployment Insurance claim to find our if you are eligible and learn your actual benefit amount.

Q: What if I want a Rate Based on Weeks?

If you think your benefit rate may be higher using your average weekly wage. 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 give you an increased benefit rate. 

To qualify for this recalculation, you must have:

• At least 20 weeks of work in your base period
• A Valid Original Claim on file with a Benefit Rate before a Request for Rate Based of Weeks.

AND

• Any benefit rate increase must be at least $5 more than your current benefit rate

BUT

Cannot exceed the maximum benefit rate (currently $504)

You must offer proof, such as paycheck stubs, for each week of work. For unemployment purposes, a "week of employment" is a Monday through Sunday period. If you choose to have your rate based on weeks of employment, we will calculate your benefit rate as one-half your average weekly wage. See instructions for completing the Request for Rate Based on Weeks form in the Claimant Handbook.
You must submit the form and your proof of weeks of work within 10 days of the date of your most recent Monetary Determination. We will review the form and the proof. If your Monetary Determination changes, we will mail you a revised determination.

Q: Will I receive additional payments for weeks I already claimed if I am approved for a higher benefit rate?

A: If your Request for Reconsideration, Request for an Alternate Base Period, or Request for a Rate Based on Weeks is approved, you may be entitled to receive back payments for weeks you were previously paid at the lower weekly benefit rate. Back payments should be received within 3 weeks of receiving a notice from the DOL that your weekly benefit rate was increased. If you have not received the back payments after 3 weeks, you can let us know by calling us at 888-209-6851.

If you cannot reach us by phone you can send a message through the secure messaging system in your online account. To contact us about your increased benefit rate through our online system, log in to labor.ny.gov/signin with your NY.gov username and password. Select “Go to My Inbox” and then “Compose New.” Select “Payments Due After Benefit Rate Increase” for the subject line, compose your message with the dates you would like investigated, and then click “Send."