State Unemployment Benefits in New York

The Department's published route for a claimant who has died is a written request for the claim information, mailed to the New York State Department of Labor in Albany.¹

Neither N.Y. Labor Law article 18 nor the unemployment insurance regulations at 12 NYCRR chapter VII provides for payment of a deceased claimant's benefits to a survivor or estate.^{2, 3}

The Department of Labor cannot retrieve unemployment insurance benefit payments already made to a Way2Go debit card or a bank account. The executor retrieves those funds from Way2Go or from the bank to which they were released.¹

The Department's guidance addresses the executor or administrator of the deceased's estate, and the written request must include legal papers showing that authority.¹

The written request gives your name, address and phone number, your relation to the deceased, the deceased's name and Social Security number, and what information you need. It encloses legal papers showing you as executor or administrator of the estate and a copy of the death certificate.¹

Releasing funds already paid to the deceased's Way2Go debit card¹

Retrieving unemployment payments the Department already deposited to the deceased's bank account¹