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THE SYSTEM IS DESIGNED TO SCREW US OVER! They don't tell you about these rules upfront and then penalize you for not knowing. Two months of lost benefits is thousands of dollars down the drain because NYS Department of Labor can't be bothered to make their rules clear.
Don't beat yourself up too much about waiting - a lot of people don't realize they can file right away after job loss. The important thing is you're doing it now! When you file, make sure you have all your employment info ready (dates, employer details, reason for separation) to speed up the process. Also be prepared that your first payment might take a few weeks to arrive, so if you have any emergency assistance programs in your area, might be worth looking into those while you wait for UI benefits to kick in.
This is really helpful advice, especially about having all the employment info ready. I'm definitely going to look into emergency assistance programs too since I'm already struggling financially. Do you know if there are specific programs in NY that help bridge the gap while waiting for UI benefits to start?
The NYS Department of Labor system is so confusing about this stuff!! I asked my caseworker about disability and they just said to 'look into it' but gave me no actual guidance. Meanwhile I'm struggling to meet the job search requirements because of my back problems.
Apply for SSDI immediately - don't wait. The application process is lengthy and you want to get your claim date established. You can continue UI while the disability application is pending, just be honest about your medical limitations when filing your weekly claims. If you're approved for disability retroactively, you may need to repay some unemployment benefits, but it's better than having no income at all.
You should be honest about your medical condition and limitations, but you don't necessarily need to volunteer that you've applied for disability unless specifically asked.
@Grace Durand I went through this exact situation two years ago. Applied for SSDI while still on unemployment and it worked out fine. Just make sure you keep all your medical documentation organized - you ll'need it for the disability application. The key is being consistent about your limitations when you file your weekly UI claims. Don t'say you re'able "and available for all work if" your condition prevents certain types of jobs.
I went through this exact situation about 6 months ago. Here's what I learned: you CAN apply for both, but timing and documentation are crucial. When your condition worsened after starting unemployment, that's actually a legitimate reason for the change in your work status. I recommend keeping detailed medical records showing the progression of your condition. When you do your weekly unemployment certification, be honest about any limitations - if you can only work part-time or need accommodations, state that. The key is consistency between what you tell unemployment and what you tell Social Security. Also, SSDI takes months to process, so you'll likely exhaust your unemployment benefits before any SSDI decision anyway. Just make sure to document everything and consider consulting with a disability attorney if you can afford it.
Just be prepared that they might deny your initial claim and you'll have to appeal. The burden of proof is on you to show you had no choice but to quit. Document everything you can remember about the toxic behavior - dates, witnesses, any HR complaints you made. Even if you don't have written proof, your testimony during the hearing can still carry weight.
Don't give up before you even try! NYS Department of Labor actually sides with workers more often than people think when there's clear evidence of hostile work environments. The key is being thorough in your application and not leaving out any details about why continuing to work there wasn't reasonable.
Lucas Adams
I've been following this thread as someone who was also terrified to file due to employer retaliation concerns, and I wanted to share what finally helped me take action. What shifted my perspective was realizing that by NOT filing, I was essentially letting my former employer continue to control my financial situation even after they'd already terminated me. The NYS DOL system exists specifically to protect workers in situations like ours - where employers might try to avoid paying higher UI taxes by making false or exaggerated claims about why someone was let go. Here's what I did that made the process less scary: I spent one evening writing down everything I could remember about my last few weeks of employment - dates, conversations, witnesses present, any emails or texts I'd sent to friends/family about work issues. Then I filed my claim the next day before I could second-guess myself again. Having that documentation ready gave me confidence that I could respond effectively if my employer tried to contest with false information. The reality is that most employers either don't contest at all or can't provide adequate documentation when they do. The adjudicators have seen every trick in the book and are good at spotting employers who are just trying to avoid paying into the system. Don't let fear of what someone might say cost you benefits you've literally paid for through your payroll deductions. You deserve that financial support while you look for new work!
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GalacticGladiator
•@Lucas Adams This really hits home for me - the idea that by not filing I m'letting my former employer continue to control my situation even after termination is such a powerful way to think about it. I ve'been so focused on what they might say that I completely lost sight of the fact that I literally paid into this system through every paycheck and have every right to access these benefits. Your approach of writing everything down in one evening and then filing the next day before second-guessing kicks in is exactly what I think I need to do. I tend to overthink things and talk myself out of taking action, but you re'absolutely right that I ve'already earned these benefits through my work history. Reading everyone s'experiences in this thread has been incredibly reassuring - it sounds like the NYS DOL investigators really do know how to spot employer tactics and require actual documentation rather than just taking anyone s'word for it. I m'going to follow your advice and spend this weekend documenting everything I can remember, then file on Monday morning. Thank you for the reminder that this system exists to protect workers like us!
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Fatima Al-Mazrouei
I was in a very similar situation about 8 months ago and want to share what I learned to hopefully ease your anxiety. Yes, NYS DOL does contact your employer, but the process is much more structured and fair than you might be imagining. They send Form IA 12.3 which asks very specific questions about your separation - it's not an open forum for your boss to vent or make unsubstantiated claims. What really helped me was understanding that if your employer wants to dispute your claim, they need actual documentation to back up their version of events. In my case, my former manager tried to claim I was terminated for "unprofessional behavior" but when pressed for evidence, all they had were some vague notes that didn't follow any formal disciplinary process. The adjudicator approved my claim within about 10 days because there was no proper documentation trail. My biggest mistake was waiting almost a month to file because I was scared of what my employer might say. That cost me nearly $1,000 in benefits that I could never get back since there's no retroactive payment before your filing date. Don't let fear of your former boss's potential lies rob you of money you've rightfully earned through your payroll contributions. The NYS DOL investigators are experienced with dishonest employers and know what red flags to look for. File your claim now and use the waiting period to gather any documentation you have - emails, texts, pay stubs, anything that supports your timeline of events. You've got this!
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Ethan Moore
•@Fatima Al-Mazrouei Thank you for sharing such a detailed account of your experience! Your story about the unprofessional "behavior claim" that had no proper documentation really resonates with me - it sounds like these vague accusations without formal disciplinary processes are pretty common tactics that the NYS DOL investigators see right through. The $1,000 you lost by waiting a month is a sobering reminder of what my hesitation is actually costing me. I ve'been unemployed for about three weeks now and reading that number really drives home that every day I delay is real money I ll'never get back. Your point about the investigators being experienced with dishonest employers gives me a lot of confidence - it sounds like they ve'developed good systems for separating legitimate documentation from employer BS. I think I ve'been letting my imagination run wild about what this process would look like, but hearing about the structured Form IA 12.3 versus some kind of open-ended interview makes it feel much more manageable. I m'definitely going to file this week and stop letting fear control my financial future. Thank you for the encouragement and the reality check about timing!
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