Frequently asked questions

Unemployment Insurance

What is Unemployment Insurance?

Unemployment insurance (UI) is temporary income for eligible workers in New York State who become unemployed through no fault of their own and who are ready, willing, and able to work. Applications are filed by a claimant with the New York State Department of Labor for UI benefits.

What is my benefit rate?

A claimant’s benefit rate is equal to 1/26 of the total compensation paid during the calendar quarter of the base period. The base period is equal to the first four out of the last five quarters prior to the calendar quarter in which your claim is effective. Benefits are available for up to 26 weeks. (Glossary of UI Terms)

When should I file?

It is important that you file your UI claim during your first week of total or partial unemployment - to delay may cost you benefits. The New York State Department of Labor offers a detailed “Before You Apply” FAQ section to help answer claimants’ questions about the process and benefits.

How do I apply?

The New York State Department of Labor provides detailed information on how to file an unemployment insurance claim. Claims can be filed electronically, over the phone using the Benefits Online Page, you may also apply by calling the Telephone Claims Center.

What happens after I apply?

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 you wish to receive unemployment benefits, you must request payment by claiming benefits for that week. Claims must be submitted on the last day of each week, Sunday, in order to receive unemployment benefits for that week. To help claimant’s The New York State Department of Labor offers a detailed “After you’ve applied For Unemployment: FAQs”.

Can I extend my benefits for longer than 26 weeks?

Claimants whose benefit year ending date has not expired and who have exhausted their 26 weeks of regular benefits, may apply for the extended benefits, or Emergency Unemployment Compensation (EUC) by logging onto the Benefits Online Page or by calling Tel-Service at 1-888-581-5812. Claimants whose benefit year ending date has passed will need to file a new claim by logging onto the Benefits Online Page or by calling the Telephone Claims Center at 1-888-209-8124 (1-877-358-5306 if you live outside of New York State).

Where can I learn more about Unemployment Insurance Benefits?

The New York State Department of Labor offers a detailed handbook that explains all the information you need to know about Unemployment Insurance.

Healthcare

What is COBRA and what does COBRA do?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families the right to continue receiving health benefits provided by their group health plan for some limited period of time only under certain circumstances. These include voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.

Who is entitled to benefits under COBRA?

There are three main elements to qualifying for COBRA benefits. COBRA establishes specific criteria for qualified beneficiaries and qualifying events. These criteria are described in detail below. Additional information may be found at the US Department of Labor site.

Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is an employee, the employee's spouse, or an employee's dependent child. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.

Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA.

Where can I seek assistance in subsidizing the cost of my healthcare?

The US Department of Health and Human services offers resources that allow you to find health care providers regardless of your ability to pay for such services.

Retirement Benefits

Is my 401k safe since its recent balance has declined?

Most Americans have seen some drop in their 401k balances, but even if the company that manages your account files for bankruptcy, you will not lose your money. You should seek advice from a financial planner, specifically one that is certified such as a Certified Financial Planner or Personal Financial Specialist.

Is my pension safe given this economic crisis?

As with most pension plans, the amount you receive when you retire is based on your salary and the number of years you have worked. Your employer is obligated to pay the amount of pension you have earned. Though, because pension managers may invest their assets in the stock market, this may inevitably affect available funds used to pay retirees.

Since pensions are paid over time there is no need to worry. You should seek advice from a financial planner, specifically one that is certified such as a Certified Financial Planner or Personal Financial Specialist.

Financial Advisement

What steps can I take to take control of my finances?

There are a number of immediate steps you can take to regain control of your current financial situation. If you are at risk of foreclosing on your home, you should contact a HUD approved counselor in your area. The National Foundation for Credit Counseling provides additional resources if you are seeking credit counseling. You may seek advice from a financial planner, specifically one that is certified such as a Certified Financial Planner or Personal Financial Specialist, for questions on your pension benefits and 401k funds.

What are the danger signs of a predatory loan?

There are a number of signs that you are at risk of signing for a predatory loan. Warning signs include high bank fees, loans based on home equity instead of your income and balloon payment systems where a large sum is due at the end of the loan term. Be sure to compare competitor offerings and seek assistance from government agencies if you are indeed at risk.

If I lost money on the foreclosure of my home, can I claim a loss on my tax return?

No. Losses from the sale or foreclosure of personal property are not deductible.

What immediate action do I take if I haven't been able to make my mortgage payments, and I'm about to lose my home.

You are advised to contact a HUD approved housing counseling agency near you. You may also call the Housing Counseling Hotline at (800) 569-4287.

How can I benefit from the HOPE for Homeowners program?

The HOPE for Homeowners (H4H) program was created by Congress to help those individuals at risk of default and foreclosure refinance their loans to be more affordable, sustainable. The program is currently effective from October 1, 2008 to September 30, 2011. If you are interested in taking part in the program, you should contact your current lender today. More information on this program may be found here.

Legal Aid

How do I seek legal aid for my housing and/or credit situation?

There are a number of legal aid services available to help you deal with your credit and housing situations. They offer services ranging from foreclosure assistance to bankruptcy prevention. Legal Services NYC provides networks in all 5 boroughs. The New York State Bar Association also provides resources on helping you hire an attorney.

Is there pro bono legal assistance available?

Law Help NY provides searchable databases for free legal assistance in areas of foreclosure, eviction, bankruptcy and much more.

Counseling Services

What counseling resources are available to me during this time?

During this time it is important for you not to lose sight of your physical and mental well-being. The NYC Department of Health and Mental Hygiene has links to health care providers and information on adult health services throughout the City.

Childcare

Where do I locate child care referral agencies?

The NYC Department of Health and Mental Hygiene, Bureau of Child Care provides information on childcare resource and referral agencies as well as a searchable directory. There is also information financial assistance to help subsidize the cost of child care.

How do I choose the appropriate child care facility for my child?

The NYC Bureau of Child Care provides a thorough checklist on helping select a group childcare facility that meets your family's needs.