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honestly the whole system is ridiculous... you're injured, can't work, and they make it impossible to get any help figuring out what benefits you can actually get. typical government bureaucracy making things harder than they need to be
I went through something similar last year. The key thing to understand is that unemployment and short-term disability have conflicting eligibility requirements. For unemployment, you must certify weekly that you're "able, available, and actively seeking work." But if you're receiving STD benefits, you're medically certified as unable to work. NYS DOL won't approve both simultaneously in most cases. However, once your doctor clears you to return to work but your employer doesn't have a position available (or if you were terminated while on disability), then you could potentially file for unemployment. I'd suggest waiting until you're medically cleared, then file if you still don't have work to return to. Document everything with your doctor and employer in case you need to explain the timeline later.
This is really helpful, thank you Lucas! So just to make sure I understand - even though I can't file for unemployment right now while on STD, I should still be documenting everything in case my employer doesn't have my position available when I'm cleared to return? That's a good point I hadn't thought about. My HR department has been pretty vague about whether my job will still be there in 6-8 weeks.
UPDATE: So I emailed my Assembly member yesterday and got an auto-reply saying they'd review my case. Still waiting on actual human contact. In the meantime I've called DOL 23 times today and can't get through at all. This is ridiculous!
If you need to talk to DOL right away, try Claimyr. Not trying to push it but seriously saved me when I was in your exact situation. They get you a callback from DOL usually same day. Worth checking their video demo at https://youtu.be/Rdqa1gKtxuE to see how it works.
Been lurking here for a while but finally making an account because I'm in the exact same boat as OP. Filed my claim 6 weeks ago and it's been "pending" ever since. Can't get through to anyone at DOL no matter what time I call. This Assembly member route sounds promising - I had no idea that was even an option! Going to look up mine right now. Really appreciate everyone sharing their experiences, gives me hope that there might actually be a way to get this resolved.
Don't be scared - just be honest on your application. As long as you report everything accurately and follow the job search requirements, you'll be fine. Layoffs are legitimate reasons for unemployment benefits.
I went through this exact same situation about 6 months ago when my tech company did massive layoffs. Being laid off absolutely qualifies you for unemployment benefits in NY - it's considered an involuntary separation through no fault of your own. Don't worry about only having 8 months at your current job either. The NYS DOL looks at your entire work history over the past 18 months to determine eligibility, so if you worked elsewhere before this job, that counts too. One tip: when you file online, make sure you have your last employer's FEIN number ready if possible - it speeds up the process. Also, start looking for work right away and keep records of your job search activities since you'll need to report them during your weekly certifications. The whole process was much less scary than I thought it would be!
@Diez Ellis This is really helpful advice! I didn t'know about needing the FEIN number - that s'a great tip. Did you have any issues with the weekly job search reporting? I m'wondering how detailed those records need to be and what counts as a legitimate job search activity.
Just keep checking your account daily. Sometimes the status changes without any notification. Also make sure you're meeting the job search requirements even before approval - you'll need to show you've been actively looking for work.
I'm going through the same thing right now - filed my claim 8 days ago and it's nerve-wracking waiting! One thing that helped me was calling the automated phone line (1-888-209-8124) which at least confirms they received your application and gives basic status info without having to get through to a human. Also, if you haven't already, make sure you have all your documents ready (pay stubs, separation notice, etc.) in case they request additional verification. The waiting is the worst part but hang in there!
Thank you for that phone number! I didn't know there was an automated line that could give status updates. That's really helpful since getting through to a person seems nearly impossible. I'll definitely call that number today to at least get some peace of mind about whether they received everything properly.
Dominique Adams
Just want to follow up - did you try the video verification option? Were you successful? Many people don't come back to update, but it really helps others who find this thread later with the same problem.
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Laila Prince
•Yes! The video verification worked! I had to wait about an hour, but once I got connected to a representative, the whole process took less than 10 minutes. They verified my identity on the spot and my NY unemployment payments were released two days later. Definitely recommend the video route over document uploads for anyone else having this issue!
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Emma Johnson
Glad to hear the video verification worked for you! I'm dealing with the same issue right now - been waiting 3 weeks for my documents to get approved through the upload method. Just scheduled my video call for tomorrow morning after reading all these helpful tips. It's ridiculous that we have to jump through so many hoops just to get our own unemployment benefits, but at least there seems to be a solution that actually works. Thanks everyone for sharing your experiences!
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