New York Unemployment

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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.

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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.

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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.

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@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.

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@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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**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!

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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.

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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.

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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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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.

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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.

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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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That's great news! Glad to hear they processed it without you having to call. For anyone else reading this in the future: results vary widely depending on DOL workload. Some people get their backpay quickly like the original poster, while others may need to follow up by phone if it takes longer than a week.

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Congratulations on getting your backpay! This is such a helpful update for the community. Your timeline of 6 days is really encouraging - it shows that sometimes the system does work efficiently when you upload everything correctly. I've seen so many people in similar situations stress about whether they'll ever see those missed payments, so your success story will definitely give others hope. Thanks for taking the time to update us!

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I'm dealing with this exact same situation right now! Got a Wisely card two days ago that I never requested and was really suspicious about it. After reading through everyone's experiences here, it sounds like this is a widespread issue from that March system glitch. I'm still nervous about activating it though - has anyone had any problems with the card once they started using it? Like weird charges or anything sketchy? I know it's supposedly legit but I'm always paranoid about financial stuff like this. Also, for those who got their direct deposit fixed afterward, how long did it take for the next payment to go back to your regular bank account?

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I totally understand your concerns - I was super paranoid about it too! I've been using mine for about 2 weeks now and haven't had any weird charges or issues. The card works just like a regular debit card and I can see all transactions in their app. As for getting direct deposit back, it took about one full payment cycle - so roughly 2 weeks after I talked to the agent. My next payment went back to my regular bank account like normal. If you're still worried, you could always transfer the money off the card right after you activate it and get your funds, then not use it again once your direct deposit is working. That's what a few people I know did just to be extra safe.

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I just wanted to chime in as someone who went through this exact same situation about a month ago. I was also really skeptical when the Wisely card showed up out of nowhere, especially since my direct deposit had been working perfectly for weeks. After reading through this thread, it's clear that a lot of us were affected by that March system issue. I ended up calling NYSDOL (took forever to get through) and they confirmed it was legit - apparently my bank rejected a deposit due to some technical glitch on their end. The agent told me this happened to thousands of people around the same time. I activated the card, used it to get my missing payment, and they fixed my direct deposit for future payments. No issues with the card itself - it worked just like any other debit card. Just wanted to add another voice confirming this is a real thing that happened to a lot of people!

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