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Update us on how it goes!! The disability system is SO broken in NY, I swear!!! Maybe your experience will be better than mine was. 🤞
Just went through something similar after a work injury last year. Few quick tips that might help: 1) When you call HR about the DB-450 form, also ask if your company has any short-term disability insurance beyond the state minimum - some employers have better coverage. 2) For the pothole claim, take more photos if you can (showing the size/depth) and maybe measure it if possible. 3) Keep ALL your medical records and receipts - you'll need them for both the disability claim AND any potential lawsuit. The whole process is frustrating but definitely pursue both the state benefits and the municipal claim. Good luck with recovery!
This is really helpful advice! I didn't think about asking HR if there's additional short-term disability coverage beyond the state minimum. That could make a huge difference financially. And yeah, I should definitely get better documentation of that pothole - I have some photos but they're not great quality since I was pretty shaken up after the accident. Thanks for the practical tips!
Just remember you have to keep detailed records of your job search activities because NYS Department of Labor can audit you at any time. I learned this the hard way when they asked me to provide documentation and I hadn't been keeping track properly.
Don't feel bad about asking these questions - the unemployment system can be really overwhelming at first! One thing that helped me when I was starting out was to gather all your employment documents before you even begin the application. Make sure you have your W-2s, pay stubs, and exact dates of employment ready. Also, when you do your weekly certifications, be honest about any work you do (even small gigs) because they will find out eventually and it's better to report it upfront than deal with an overpayment later. The NYS Department of Labor is pretty strict about accuracy but they're also there to help people who genuinely need it.
One thing that hasn't been mentioned yet is that earning too much money while collecting benefits can also disqualify you. In New York, if you work part-time while on unemployment, you need to report all earnings. If you earn more than your weekly benefit amount, you won't get any unemployment payment that week. And if you don't report earnings at all, that's considered fraud which can disqualify you permanently. Also, if you move out of state without notifying NYS Department of Labor, that can cause issues with your claim since you need to be available for work in New York.
This is really helpful information about earnings while collecting benefits. I didn't realize you could still get partial benefits if you earn less than your weekly amount - I thought any work would completely disqualify you. Do you know what the exact formula is for how they calculate partial benefits when you work part-time? I might need to take some temporary gig work to make ends meet but don't want to mess up my claim.
The partial benefit calculation in NY works like this: they subtract 25% of your gross earnings from your weekly benefit amount. So if your weekly benefit is $400 and you earn $200 that week, they subtract $50 (25% of $200) from your $400 benefit, leaving you with $350 plus your $200 earnings. You can work and still get partial benefits as long as your earnings don't exceed 1.5 times your weekly benefit amount. Just make sure to report everything accurately when you certify each week - even small amounts matter.
Another important disqualifier that people often overlook is not maintaining your continuing education or licensing requirements if your profession requires them. For example, if you're a nurse, teacher, or other licensed professional and you let your license expire or don't complete required continuing education while collecting benefits, NYS Department of Labor can consider you "not able to work" and disqualify you. Also, if you're receiving disability benefits or workers' compensation, that typically makes you ineligible for unemployment since those programs indicate you can't work. Make sure you understand how any other benefits you're receiving might interact with your unemployment claim.
Don't forget you also have to do the job search requirements to keep getting benefits! NYS Department of Labor requires 3 job contacts per week and you have to log them in the system. I almost got my benefits suspended because I forgot to update my job search log for a few weeks.
Wait, I have to start looking for work immediately? I thought there was like a waiting period or something.
No waiting period for the job search requirement. You need to start making job contacts as soon as your claim is approved and file your weekly claims. The system will ask about your job search activities each week.
Restaurant work is tough for unemployment calculations because of tips... I had the same issue when my place closed down during the pandemic. Make sure all your tip income was properly reported on your W-2s or it won't count toward your benefit calculation. NYS Department of Labor can only use what was officially reported to them.
This is such a good point about tip reporting! I'm honestly not sure if all my tips were properly reported - some nights we did cash tips that might not have been fully documented. Should I be worried that my benefit amount will be lower than expected? Is there any way to appeal or provide additional documentation if the calculation seems off?
Ivanna St. Pierre
honestly the whole system is so frustrating... i had to deal with this same thing and nobody could give me a straight answer. ended up just picking one program because i was scared of getting in trouble
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Leslie Parker
•Which one did you choose? I really need both if possible since the disability payments aren't enough to cover my expenses.
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Carmen Reyes
I work for a disability advocacy organization and see this question come up frequently. The key distinction is between "total disability" and "partial disability." If you're receiving short-term disability for a specific injury but your doctor has cleared you for modified work duties, you may qualify for both programs simultaneously. However, you must be completely transparent with both agencies. When filing for unemployment, you'll need to indicate your work restrictions and show you're actively seeking jobs within those limitations. The disability payments will likely reduce your UI benefit amount dollar-for-dollar, but you could still come out ahead financially. Document everything - your doctor's work capacity evaluation, job applications for suitable positions, and all communications with both agencies. Consider consulting with a benefits attorney if you're unsure, as incorrect reporting could result in overpayment demands later.
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