Can I apply for disability while on unemployment in NYS - need guidance
I've been receiving unemployment benefits for about 2 months now and I'm wondering if I can apply for disability while still getting my weekly UI payments. I have a chronic condition that's been getting worse and my doctor thinks I might qualify for disability. But I'm worried that applying for disability will mess up my unemployment claim or that I'll have to pay something back to NYS Department of Labor. Has anyone been in this situation? I really need to know if this is allowed or if I have to choose between the two.
14 comments
Join the conversation
Michael Adams
You can apply for disability while receiving unemployment, but there are some important rules to understand. For unemployment benefits, you must certify each week that you're able and available to work. If you're approved for disability, that could create a conflict since disability means you're unable to work. You should contact NYS Department of Labor to discuss your specific situation before applying for disability to avoid any overpayment issues.
0 coins
Chloe Mitchell
AuthorThanks for the info! Do you know if I should stop filing my weekly claims right away or wait until I hear back about the disability application?
0 coins
Natalie Wang
I think you have to pick one or the other... unemployment is for people who CAN work but disability is for people who CANT work. Seems like they would conflict with each other
0 coins
Noah Torres
It's not that simple. You can apply for both, but the timing matters. The issue comes up if you're receiving unemployment while already disabled. The NYS Department of Labor looks at whether you were able to work during the period you were claiming benefits.
0 coins
Samantha Hall
I went through this exact situation last year. I was on unemployment and my condition got worse so I applied for disability. I kept filing my weekly claims until I got approved for disability, then I stopped the unemployment. NYS Department of Labor didn't make me pay anything back because I was genuinely looking for work when I was getting the UI benefits. But definitely call them first to be safe.
0 coins
Chloe Mitchell
AuthorThat's really helpful to hear from someone who actually went through it. Did you have any problems getting through to someone at NYS Department of Labor on the phone?
0 coins
Samantha Hall
Oh yeah the phone situation is terrible. I probably called 50 times before getting through. Actually someone on here told me about this service called Claimyr that helped me get connected to an actual NYS Department of Labor agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Made my life so much easier.
0 coins
Ryan Young
Wait I'm confused... if you apply for disability doesn't that mean you're saying you CAN'T work? But for unemployment you have to say you CAN work every week. How does that make sense?? I feel like one of them would catch this and cause problems.
0 coins
Michael Adams
You're thinking about it correctly - that's exactly the potential conflict. The key is timing and being honest about your situation. If your condition worsens while you're on unemployment, you can apply for disability. But you need to be truthful in your weekly certifications about your ability to work.
0 coins
Sophia Clark
just apply for both and see what happens lol. worst case they make you pay back some money but at least you'll have income coming in
0 coins
Noah Torres
That's terrible advice. Overpayment issues with NYS Department of Labor can be serious and create long-term problems. It's much better to handle this properly from the start.
0 coins
Katherine Harris
I'm in almost the same boat - been on unemployment for 6 weeks and my back problems are getting so bad I can barely sit at a computer for interviews. This whole system is so confusing, why can't they just have clear guidelines about this stuff?
0 coins
Alexander Zeus
I totally understand your frustration with the confusing system. Have you considered reaching out to a disability attorney for a free consultation? Many of them can explain how unemployment and disability interact in your specific situation. Also, documenting your worsening condition with your doctor now could be really important if you do decide to apply for disability later. Don't suffer in silence - there are people who can help you navigate this.
0 coins
Drew Hathaway
Katherine, I feel for you dealing with back pain while trying to job search. That sounds incredibly difficult. Based on what others have shared here, it seems like the key is being upfront about your changing condition. Since your pain is affecting your ability to do basic work tasks like sitting for interviews, you might want to talk to your doctor about whether you should continue certifying that you're able and available for work. The consensus here seems to be that calling NYS Department of Labor directly is the safest approach, even though getting through is challenging. @Samantha Hall mentioned that service Claimyr for getting through to them - might be worth trying if you can t'get through on your own.
0 coins