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Just make sure you file the new claim as soon as possible after your benefit year ends. There might be a gap in payments while they process your new application, but you don't want to wait too long. Keep doing your job search activities during this time too since you'll need to show you've been actively looking for work.
I went through this exact same situation last month! When your benefit year expires, you definitely need to file a brand new initial claim through the NY DOL website. The key thing is making sure you have enough qualifying wages in your new base period - they'll look at your earnings from about 15 months ago up to 3 months ago. If you worked any temp jobs or part-time work during your previous claim, those wages should help you qualify. Also heads up that there's usually a one-week waiting period when you file a new claim, so plan for that gap in benefits. Good luck!
Thanks for the detailed info! Just to clarify - when you say they look at earnings from 15 months ago up to 3 months ago, does that mean recent work from like 2-3 months ago won't count toward the new base period? I did some freelance work pretty recently and I'm wondering if I should wait a bit before filing the new claim so those earnings get included.
I work for a disability advocacy organization and see cases like this frequently. Since your injury is work-related, you should definitely pursue Workers' Compensation benefits through the NYS Workers' Compensation Board, not regular state disability. The key steps are: 1) Contact NYS Department of Labor immediately to report that you can no longer work and request your UI claim be suspended/closed, 2) File a Workers' Comp claim with your employer and the Board as soon as possible, and 3) Get all medical documentation from your doctor supporting that you cannot work. Don't delay on any of these steps - Workers' Comp has strict reporting deadlines and continuing to collect UI while unable to work can create serious overpayment issues. The Workers' Comp Board website has all the forms you need to get started.
This is incredibly helpful information - thank you for breaking down the exact steps! I had no idea there were strict reporting deadlines for Workers' Comp. Do you happen to know how long I have to file the Workers' Comp claim after the injury occurred? My back injury happened about 3 months ago but it's gotten progressively worse. I'm worried I might have missed some deadline.
I was in a similar situation about a year ago and learned this the hard way. You absolutely cannot collect both - I actually got a letter from NYS Department of Labor when they found out I had applied for disability, and they made it very clear that I needed to choose one or the other immediately. What saved me from potential fraud charges was that I called them right away to explain the situation and stopped certifying for unemployment that same week. The process was stressful because there's definitely an income gap - my disability took about 8 weeks to get approved, so I had two months with no income at all. If you're considering this switch, I'd suggest: 1) Talk to a disability lawyer first (most offer free consultations), 2) Calculate whether disability would actually pay more than your remaining unemployment weeks, 3) Make sure you have enough savings to cover the gap period, and 4) Be completely upfront with NYS Department of Labor about your intentions. Don't try to fly under the radar - they do cross-reference these systems and it's not worth the fraud risk.
Wow, that's scary that you actually got a letter from NYS Department of Labor about it! I'm glad you called them right away to explain. The fraud risk is definitely my biggest concern here. Can I ask - when you talked to the disability lawyer, did they help you figure out if your condition would actually qualify? I'm worried about stopping my unemployment and then having the disability application get denied, leaving me with nothing. Also, did the lawyer cost anything if you ended up not moving forward with disability?
I'm dealing with a similar situation right now and this thread has been incredibly helpful! Based on what everyone is saying, it sounds like the consensus is clear - you can't collect both unemployment and disability simultaneously in New York because of the conflicting "able and available for work" requirement. What I'm taking away from all these experiences is: 1) Be completely transparent with NYS Department of Labor from the start to avoid fraud issues, 2) Calculate which benefit would be better financially and for how long, 3) Prepare for an income gap during the transition, and 4) Consider consulting with a disability lawyer for a free consultation before making the switch. The stories about people actually getting letters from NYS Department of Labor when they tried to do both are pretty eye-opening - definitely not worth the risk. Has anyone here had experience with how NYS Department of Labor handles it if you need to go back to unemployment after a disability claim gets denied? I'm wondering if that creates additional complications or if they're understanding about genuine medical situations that don't end up qualifying for disability.
This is such a great summary of all the key points! I'm actually in a very similar boat and have been reading through everyone's experiences here. Regarding your question about going back to unemployment after a denied disability claim - I haven't been through it personally, but from what I understand, as long as you were honest with NYS Department of Labor about stopping your unemployment to pursue disability, they should allow you to reopen your claim if the disability gets denied (assuming you still have weeks remaining on your benefit year). The key seems to be that transparency everyone keeps mentioning. I think the worst-case scenario is when people try to hide what they're doing or collect both simultaneously. Has anyone actually had to reopen an unemployment claim after a disability denial? Would love to hear how that process went.
I'm dealing with a similar situation right now - my hours at a clothing store just got reduced from 32 to 12 hours per week, and I was also told by management that part-time workers "don't really qualify" for unemployment. Reading all these responses has been such a relief! It's clear that's completely wrong information. I've been putting off applying because I believed what my manager said, but now I understand it's really about meeting the wage requirements during the base period, not about full-time vs part-time status. Planning to file my claim on my.ny.gov this weekend. Thank you to everyone who shared their actual experiences - it's so much more helpful than trying to figure this out from the confusing government websites alone!
I'm so glad you found these responses helpful too! It's really frustrating how many managers seem to spread this misinformation about part-time workers not qualifying for unemployment. Your situation sounds very similar to what many others here have experienced - a significant hour reduction that's clearly not your fault. With 32 hours reduced to just 12, that's definitely substantial enough to warrant filing a claim. The NYS Department of Labor system can seem intimidating at first, but from what everyone's shared, the actual process is pretty straightforward once you get started. Make sure to report those 12 hours you're still working when you file your weekly claims - you can still get partial benefits while working reduced hours. Best of luck with your application this weekend!
I'm really glad I found this thread! I'm currently going through the exact same situation - working part-time at a local pharmacy (about 22 hours/week) and just got notice that my hours are being cut to 6 hours/week due to reduced customer traffic. My supervisor also mentioned that part-time workers "might not be eligible" for unemployment, which had me really worried. But after reading everyone's experiences here, it's clear that's just not accurate information! It sounds like the NYS Department of Labor really does focus on your total wage earnings during the base period rather than whether you were classified as full-time or part-time. I've been working there for about 10 months, so I'm hoping that's enough history to meet the requirements. Planning to apply on my.ny.gov this week and report my reduced hours honestly on the weekly claims. Thanks to everyone who shared their real-world experiences - it's incredibly reassuring to know that so many part-time workers have successfully received benefits through this process!
Jeremiah Brown
I tried calling NYS Department of Labor to get clarification on my benefit amount but couldn't get through after waiting on hold for over an hour. Their phone system is impossible! Has anyone found a better way to reach them?
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Royal_GM_Mark
•I had the same problem trying to reach NYS Department of Labor about my claim status. I ended up using this service called Claimyr (claimyr.com) that helps you get through to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call and actually got me connected to someone who could answer my questions about benefit calculations.
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Amelia Cartwright
Just want to add that you also have to factor in taxes. The unemployment benefits are taxable income so you might want to have them withhold federal taxes or set aside money for when you file. Learned that the hard way last year!
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Summer Green
•That's a really important point about taxes! I hadn't thought about that. Do you know what the withholding rate is if you choose to have taxes taken out? And is it just federal or do they also withhold state taxes for New York?
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