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I've been on unemployment for about 4 months and traveled twice - once for a family emergency (3 days) and once for a wedding (weekend). Both times I was completely honest on my weekly certification. For the family emergency, I answered "no" to being available for work those days and didn't receive benefits for that period. For the wedding, since it was just a weekend and I was back Monday morning, I continued to claim normally but made sure I could genuinely return for any interviews. The key is being truthful about your availability. NYS DOL would rather you be honest than try to game the system. If you're truly unavailable for work (can't interview, can't start a job immediately), don't claim for those days. It's better to lose a few days of benefits than deal with overpayment issues later.
@Oscar Murphy This is really reassuring to hear from someone with actual experience! Your approach of being completely honest on the weekly certification makes total sense. I like that you differentiated between the family emergency where (you answered no "to" availability and) the weekend wedding where (you could genuinely return Monday .)That gives me a good framework for thinking about my Florida trip. I m'leaning toward not claiming for the full week just to be completely transparent about not being available, even though it means losing out on benefits. Better safe than sorry with NYS DOL, especially after reading about people getting hit with overpayment notices.
I just went through this exact situation last month! I was on unemployment and wanted to visit my brother in California for 8 days. After reading horror stories about people getting overpayment notices, I decided to play it completely safe. I contacted NYS DOL beforehand (took forever to get through) and they confirmed that if you're not genuinely available for work - meaning you couldn't accept a job offer or attend an interview with reasonable notice - you shouldn't claim benefits for those days. So I didn't file my weekly certification for that week at all. When I returned and resumed filing, there were no issues whatsoever. Yes, I lost about $480 in benefits, but the peace of mind was worth it. My advice: if you're going to be in Florida for a full week and realistically couldn't drop everything to fly back for a job interview, don't claim for those days. NYS DOL is really cracking down on the "able and available" requirement post-COVID.
@Edward McBride This is exactly the kind of real-world experience I needed to hear! Thank you for sharing the details about contacting NYS DOL beforehand and their confirmation about the able "and available requirement." The fact that you had zero issues when you resumed filing after the gap is really reassuring. I think you re'absolutely right about playing it safe - losing a week of benefits is definitely better than dealing with potential overpayment headaches later. Your point about not being able to realistically fly back for an interview on short notice really crystallizes the decision for me. I m'going to follow your approach and just not claim for the week I m'in Florida. Better to be conservative with NYS DOL, especially given all the post-COVID crackdowns people are mentioning.
I was in a similar situation last year! I'm also on SSDI and was able to get unemployment benefits while looking for part-time work that accommodated my limitations. The key thing is being completely transparent with both agencies. When I applied for unemployment, I had to provide detailed medical documentation about what types of work I could do despite my disability. NYS DOL was actually pretty reasonable once I explained my situation properly. Yes, there's always a risk of triggering a disability review, but as long as you're honest about your capabilities and limitations, you should be okay. The Ticket to Work program that someone mentioned is definitely worth looking into too - it provides some protection while you transition back to work. Don't let fear stop you from trying to improve your situation!
@18d44134dd88 Thank you so much for sharing your experience! As someone new to this community, I've been researching this exact situation for a family member who's on SSDI but making progress with their condition. Your success story is incredibly encouraging. I'm curious about one specific aspect - when you mentioned being "completely transparent" with both agencies, did you find that NYS DOL workers were generally knowledgeable about disability/unemployment overlap cases, or did you have to educate them about the possibility? I've heard mixed things about whether local unemployment offices understand these nuanced situations. Also, did you end up needing to provide ongoing medical updates to maintain your unemployment eligibility, or was the initial documentation sufficient? Really appreciate you taking the time to help others navigate this complex process!
@18d44134dd88 This is incredibly reassuring to hear! I'm the original poster and have been going through all these responses feeling pretty overwhelmed. Your actual success with this process gives me so much hope. I'm particularly interested in how you handled the medical documentation piece - did your doctor need to use specific language about your work capabilities, or were general medical records sufficient? I have my next appointment with my doctor in two weeks and want to make sure I ask for the right documentation. Also, when you say you were transparent with both agencies, did you proactively reach out to Social Security to let them know you were applying for unemployment, or did you wait until you were approved? I'm trying to figure out the best order of operations here. Thanks so much for sharing your story - it's exactly what I needed to hear to feel confident about moving forward!
I've been following this thread and wanted to add my perspective as someone who works with disability advocacy. The confusion about unemployment and disability eligibility is really common, and it stems from the fact that these programs use different definitions of "disability" and "ability to work." For SSDI, you're considered disabled if you can't perform substantial gainful activity at the level you did before. But for unemployment, you just need to be able and available for some type of work, even if it's different from your previous job or has accommodations. The key is having clear medical documentation that outlines exactly what you CAN do, not just what you can't do. I'd recommend getting a functional capacity evaluation from your doctor that specifies things like "can sit for 4 hours with breaks" or "can lift up to 10 pounds" rather than just "has back problems." This gives both agencies concrete information to work with and helps avoid the appearance of contradiction between being "disabled" and "able to work.
This is such valuable insight! As someone new to this community and dealing with this situation for the first time, the distinction between different definitions of "disability" really clarifies things. I hadn't thought about requesting a functional capacity evaluation specifically - that sounds like exactly what I need to bridge the gap between the two systems. When you mention getting documentation about what I CAN do rather than what I can't, that really resonates. My current medical records focus mostly on limitations and restrictions, but I can see how positive capability statements would be much more helpful for unemployment eligibility. Do you know if most doctors are familiar with functional capacity evaluations for this purpose, or is this something I might need to specifically request or explain? Also, would this type of evaluation typically be covered by insurance when it's for employment/benefits purposes rather than treatment? Thanks for sharing this professional perspective - it's helping me understand how to approach this strategically rather than just hoping for the best!
Bottom line: you CAN technically collect both, but it's risky. The unemployment claim could trigger a disability review. If you do decide to file, make sure you're completely honest about your limitations on both your unemployment application and in any communications with Social Security. Document everything and consider getting legal advice first.
I went through this exact situation two years ago and learned the hard way that timing matters a lot. If you're still within your trial work period (first 9 months of work attempts while on SSDI), Social Security is generally more lenient about work activities. But once you're past that, filing for unemployment gets much trickier. I'd suggest calling Social Security directly first to discuss your specific situation before doing anything with NYS DOL. They have a work incentives hotline (1-866-968-7842) where you can ask hypothetical questions without triggering a formal review. Also keep detailed records of your doctor's recommendations about part-time work capacity - this documentation could be crucial if SSA does question your disability status later.
This is really helpful information about the trial work period! I didn't know about that work incentives hotline - that sounds like exactly what I need. Can you tell me more about what happened after your trial work period ended? Did you have any issues when you eventually did file for unemployment, or did having that early documentation help protect you?
I went through a similar situation about a year ago after being released. You definitely can collect unemployment in NY - the key is having enough work credits from before your incarceration. I'd recommend gathering all your employment documents (W-2s, pay stubs, etc.) before you apply online. One thing that helped me was contacting some reentry organizations like The Osborne Association or Center for Employment Opportunities - they have job counselors who understand the system and can help you navigate both the unemployment process and job searching with a record. They also count as valid job search contacts for your weekly certification. Don't get discouraged by the process - it can take a few weeks but you have rights to these benefits if you earned them.
This is exactly the kind of practical advice I was hoping for! Thank you @ea5bda5990dd for mentioning those specific organizations. I hadn't heard of The Osborne Association or Center for Employment Opportunities before. Do you know if they have locations throughout the state or are they mainly in NYC? Also, when you say they count as valid job search contacts - does that mean reaching out to their job counselors fulfills part of the weekly job search requirement?
I'm in a similar situation and have been researching this extensively. One thing I learned is that NY actually has some protections for formerly incarcerated people applying for unemployment - they can't deny your claim solely based on your criminal history. What matters is your work history and earnings during the "base period" (typically the first 4 quarters of the last 5 completed quarters). Since you worked for 2 years at the warehouse, you likely have enough work credits. When you file online through ny.gov, focus on your work history and be honest about your availability to work. Also, start documenting your job search activities now - keep records of every application, contact, and interview because you'll need to certify weekly that you're actively seeking work. The system can be frustrating but you earned those benefits through your previous work.
This is really comprehensive advice, thank you @dd1b8aa2a47e! The point about NY having protections against discrimination based on criminal history for unemployment claims is reassuring. I'm going to start gathering all my W-2s from the warehouse job right away. Quick question - when you mention documenting job search activities, do you know if there's a specific number of job contacts required per week in NY? I want to make sure I'm meeting all the requirements from day one.
Oscar Murphy
I've been through this several times over the past year. "Scheduled for processing" almost always means they're doing a manual review of something in your claim. Since you mentioned reporting part-time earnings, that's definitely the trigger - the system has to verify your work hours and calculate your partial benefits. In my experience, it usually takes 2-4 business days to clear. Don't worry, as long as you were honest about your earnings and availability, your payment will come through. Just keep an eye on your correspondence inbox in case they need any additional documentation from you.
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Isabella Martin
•This is really helpful to hear from someone who's been through it multiple times. I was getting anxious about the delay but knowing it's just part of the normal process when reporting earnings makes me feel better. I'll definitely keep checking my correspondence section like you suggested. Thanks for sharing your experience!
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Malik Thomas
I went through this exact same situation a few months ago when I started doing some freelance work while on unemployment. The "scheduled for processing" status appeared right after I reported my first week of earnings, and I was terrified I had messed something up. It took about 3 business days to process, but once it did, everything went smoothly. The key thing I learned is to be really precise when reporting your gross earnings and hours worked - even small discrepancies can cause delays. Also, make sure you're reporting earnings for the week you actually worked, not when you got paid. Once the system learns your pattern of part-time work, future certifications usually process faster. Hang in there!
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