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.

totally get the confusion here! when my back went out I was in the same spot

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.

Wait so there's only 30 days? That seems really short especially if you're trying to gather more evidence or figure out what went wrong in your first appeal.

Just want to add that when you file your Appeals Board appeal, make sure to clearly explain why you think the hearing officer made an error in their decision. Focus on legal or procedural issues rather than just disagreeing with the outcome. I've seen people get better results when they can point to specific parts of unemployment law that weren't applied correctly or if proper procedures weren't followed during the hearing. Good luck with your appeal!

I actually work in benefits administration (not for NYS specifically) and wanted to clarify something important that hasn't been fully addressed here. The timing of when your disability began versus when you were receiving unemployment is crucial. If you become disabled AFTER you started receiving unemployment benefits, there's typically a grace period where you can continue receiving UI while pursuing disability - but you must report the change in your condition during your weekly certifications. The problem arises if you were already disabled when you applied for unemployment but didn't disclose it. I'd strongly recommend calling NYS Department of Labor AND consulting with a disability attorney before making any moves. Document everything with your doctor too - you'll need medical evidence of when your condition worsened if there are any questions later.

I just wanted to add one more important point that might help everyone here. If you do decide to apply for disability while on unemployment, make sure to keep detailed records of every conversation you have with NYS Department of Labor, including dates, times, and the name of whoever you spoke with. Also save any emails or written correspondence. I've seen situations where people got conflicting information from different representatives, and having documentation helped resolve issues later. Additionally, if your doctor is recommending disability, ask them to put in writing exactly when your condition became severe enough to prevent work - this timeline documentation could be crucial if there are any overpayment disputes down the road. The system is definitely confusing, but being proactive about documentation can really protect you.