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I actually work as a vocational rehabilitation counselor and deal with these situations regularly. The key distinction is between "totally disabled" and "partially disabled with restrictions." If you can perform any type of work - even with accommodations - you may be eligible for unemployment benefits. NYS Department of Labor will evaluate whether you're "able and available" for work within your limitations. Make sure to get a detailed functional capacity evaluation from your doctor that specifies what you CAN do, not just what you can't. When you file, be completely transparent about your restrictions and emphasize your willingness to work within those parameters. Keep detailed records of your job search efforts focusing on positions that match your capabilities.
This is really helpful advice from a professional perspective! @Sienna Gomez Could you clarify what exactly a functional capacity evaluation includes? Is this something my regular doctor can do or do I need to see a specialist? I want to make sure I have the right documentation before I file my claim.
I've been following this thread and wanted to share my experience from last year. I was in almost the exact same situation - injured at work, went on short-term disability, then my employer couldn't accommodate my lifting restrictions when I was cleared to return with limitations. I successfully collected unemployment while having work restrictions. The key things that helped me: 1) I got a detailed letter from my doctor outlining exactly what I could and couldn't do (like "can lift up to 20 lbs, no repetitive bending, can stand/walk for 4 hours max"), 2) I documented every job application for positions that fit my restrictions, and 3) I was completely honest on my unemployment application about having limitations. NYS DOL did call me for a phone interview about 3 weeks after I filed, but once I explained I was actively seeking work within my medical restrictions, they approved my claim. The process took about 5 weeks total. Don't let anyone tell you this is "double dipping" - if you can work and are looking for work, you deserve benefits while you search for a job that accommodates your needs.
@Ava Rodriguez This is incredibly helpful! I m'actually the original poster and your experience gives me so much confidence moving forward. Your timeline of 5 weeks is really useful to know - I was worried it might take months. I m'definitely going to get that detailed functional capacity letter from my doctor like you and @Sienna Gomez suggested. It s reassuring'to know that being upfront about my restrictions actually worked in your favor. Did you find that employers were generally understanding about the work limitations when you were job searching, or was that a challenge? I m worried'about how to bring up my restrictions during interviews without seeming like I can t do'the job.
@Ava Rodriguez This thread has been so enlightening! I m'currently going through something similar with a shoulder injury from my construction job. Your point about documenting every job application is really important - I ve'been keeping a spreadsheet with dates, company names, and position details for jobs that don t'require heavy lifting or overhead work. One thing I m'curious about - when you had your phone interview with NYS DOL, did they ask for specific examples of the jobs you applied for? I want to make sure I m'prepared with concrete details about my job search efforts within my medical restrictions.
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The quarterly reporting is the real pain honestly. You have to file even if you had zero wages that quarter. NYS Department of Labor will send you notices but don't rely on getting them - set your own calendar reminders for the due dates or you'll get hit with penalties.
One thing to keep in mind is that the UI tax rate can actually decrease over time if you have low turnover. New employers start at the standard rate, but after a few years of experience, your rate gets adjusted based on your "experience rating" - basically how many former employees filed for unemployment benefits. So if you're good at retaining employees, your costs can go down significantly. Also, make sure you understand the difference between employees and independent contractors for UI purposes - misclassifying can get you in trouble with NYS Department of Labor audits.
That's really helpful about the experience rating! I hadn't considered how employee retention could impact the UI rate long-term. Just to clarify - when you say "misclassifying" workers, what are the main red flags NYS Department of Labor looks for during audits? I want to make sure I classify my consultants correctly from the start to avoid any issues down the road.
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**FINAL UPDATE:** Finally got through after 47 minutes total. For anyone else stuck in this situation, I found that staying completely silent during the automated system rather than responding actually got me to a human faster. The rep I spoke with was actually really helpful once I finally reached them - they fixed an issue with my claim that had been pending for weeks. Just wish the process wasn't so painful!
Great tip about staying silent through the prompts! The system is designed to route the most complex cases to agents, so sometimes not fitting into their automated categories gets you human help faster. Glad you got your issue resolved.
I'm dealing with this same nightmare right now! Been calling for 3 days straight and either get disconnected after an hour+ wait or the system just hangs up on me. It's honestly shocking how broken this system is - like they're actively trying to prevent people from getting the help they need. Has anyone tried reaching out to their local representatives about these wait times? I'm wondering if there's any political pressure we can apply to get more staff hired or better systems implemented.
I actually contacted my state senator's office about this exact issue last month! Their constituent services team said they've been getting tons of complaints about NYSDOL wait times and staffing issues. They told me they can sometimes help escalate urgent cases directly to the department, which might be worth trying if you're dealing with something time-sensitive like missed payments or claim holds. At the very least, the more people who complain to their reps, the more pressure there is to actually fix this broken system.
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I'm dealing with something similar but maybe not quite as extreme - I've had 2 interviews in the past 6 weeks and just got scheduled for a third. Like you, I have irregular gig work (freelance graphic design) where my income varies dramatically week to week. Some weeks I make $800, other weeks maybe $150 or nothing at all. What's really frustrating is that I'm being completely honest about my earnings and job search activities, but it feels like the system punishes you for having non-traditional work patterns. The representatives I've spoken with seem to understand my situation during the interviews, but then I keep getting more letters anyway. I'm definitely going to try some of the suggestions people have shared here - especially asking for a supervisor and requesting documentation that I've completed all required interviews. It's reassuring to know this is happening to so many others, even though the whole situation is maddening. Has anyone had success getting the interviews to stop permanently, or do they just eventually fade out on their own after enough time passes?
I'm in almost the exact same boat as you! Freelance work with wildly inconsistent income - it's like the system was designed for people who only ever had traditional W-2 jobs. From what I'm reading in all these responses, it sounds like the interviews do eventually stop, but it might take several more before that happens. The supervisor request and detailed documentation seem to be the most promising strategies. I'm definitely going to try asking for a "case review" during my next call too - that's a term I hadn't heard before. It's so frustrating that we have to become experts in unemployment bureaucracy just to get the benefits we're entitled to!
I'm going through the exact same thing! I've had 3 interviews so far and just got notice for a fourth one. Like you, I have irregular gig work (driving for rideshare apps) where my hours and income change week to week depending on demand and my availability. What's really getting to me is how these interviews always seem to be scheduled at the worst possible times - right when I could be out earning money during peak hours. I've already lost probably $300+ in potential earnings having to stay home for these calls. Based on all the responses here, it sounds like our variable income reporting is what's triggering the system to flag our accounts as "suspicious." It's incredibly frustrating that being honest about irregular work patterns results in more bureaucratic hassles. I'm definitely going to try the supervisor request approach during my next interview. Has anyone had luck explaining to the reps that these repeated interviews are actually preventing us from actively job searching and working the gig jobs that supplement our unemployment? Seems counterproductive to their stated goals. Thanks for posting this - it's oddly comforting to know I'm not the only one dealing with this nightmare!
Yes! The timing issue is SO frustrating - I've had to turn down gig work opportunities because I couldn't risk missing their call window. It's like they're actively sabotaging our ability to earn income while we're trying to get back on our feet. I hadn't thought about specifically mentioning to the reps how these interviews are interfering with job search activities and gig work - that's a really good point to bring up. Maybe framing it that way will help them understand the counterproductive nature of scheduling so many redundant interviews. Reading everyone's experiences here has been really helpful. It sounds like most people eventually break through this cycle, but man, the system really needs an overhaul to handle modern work patterns better. Hang in there - we'll get through this bureaucratic maze eventually!
Jibriel Kohn
I'm going through the exact same thing right now! Been trying for almost a week and it's so frustrating. The system kicked me out three times yesterday when I was almost done with the application. Going to try that early morning approach - hopefully 6 AM works better. It's ridiculous that we have to strategize around server traffic just to access benefits we're entitled to. Hang in there, we'll get through this eventually!
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Mateo Gonzalez
•I feel your pain! I've been dealing with this exact same nightmare for over a week now. The timing out when you're almost done is the worst part - all that work for nothing. I'm definitely going to try the 6 AM approach too after reading these suggestions. It's insane that we need workarounds just to file for benefits we paid into. Let me know if the early morning thing works for you - maybe we can compare notes on what finally gets us through!
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CosmicCaptain
I'm dealing with this exact same issue right now! Been trying to file for three days straight and the website keeps crashing right when I get to the employment history section. It's so demoralizing spending hours filling everything out just to get kicked back to the login screen. I'm going to try that 6 AM strategy everyone's mentioning - seems like timing really does matter with their overloaded servers. Has anyone had luck with the phone lines during specific hours, or is it just as much of a nightmare no matter when you call? Really appreciate everyone sharing their experiences here, at least I know I'm not alone in this struggle.
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Ethan Scott
•I've been having the exact same experience! The employment history section seems to be where it crashes most often for me too. One thing that helped a little was saving screenshots of each page as I went through it, so when I had to start over I could fill things out faster. Also try using incognito/private browsing mode - sometimes that helps with the session timeout issues. The phone lines are brutal at all hours from what I've experienced, but I've heard some people have slightly better luck calling right when they open at 8 AM. We definitely shouldn't have to become IT experts just to file for unemployment benefits!
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