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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?
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!
This is really helpful advice! I'm new to this whole appeals process and was wondering - when you mention pointing to specific parts of unemployment law, where can I find those laws to reference them properly? Are there any good resources for understanding what procedural errors to look for? I want to make sure I'm prepared before filing my Appeals Board appeal.
Victoria Stark
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.
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Steven Adams
•You should definitely document your medical limitations and how they affect your job search. This could be important for both your UI claim and a potential disability application.
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Benjamin Kim
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.
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Benjamin Kim
•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.
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Sunny Wang
•@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.
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