Can I apply for SSDI while collecting NYS Department of Labor unemployment benefits?

You can apply for SSDI while receiving unemployment, but there's a potential conflict here. For unemployment benefits, you have to certify that you're able and available for work. For SSDI, you're claiming you're unable to work due to disability. NYS Department of Labor might question your continued eligibility if they find out about the SSDI application. However, the timing matters - if your condition worsened after you started collecting unemployment, that could explain the change in your ability to work.

i did this last year and it was fine... just keep doing your weekly claims until ssdi gets approved (if it does). unemployment runs out anyway so its not like you're double dipping forever

Be very careful here. If you apply for SSDI, you're essentially stating you cannot work, which directly contradicts the work search requirements for unemployment. NYS Department of Labor requires you to be actively looking for work and able to accept suitable employment. I'd recommend stopping your unemployment claims before applying for SSDI to avoid any potential overpayment issues down the road. You can always reapply for unemployment if the SSDI claim is denied.

Had a similar situation trying to reach NYS Department of Labor about this exact question. Couldn't get through on their phone lines for weeks. Finally used Claimyr to get connected to an actual agent who explained the rules clearly. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent told me you can apply for both but you need to be upfront about your changing medical condition in your weekly certifications.

The unemployment system is so messed up with these situations! They want you to look for work but then if you're actually sick they make it impossible to transition to disability benefits. I've been dealing with chronic pain for months and still forcing myself to apply for jobs I know I can't do just to keep my benefits. It's ridiculous that there's no clear guidance on this from NYS Department of Labor.

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