Can I apply for unemployment while on disability in New York - NYS Department of Labor rules?
I'm currently receiving disability benefits but my doctor says I might be able to do some light work soon. My employer laid me off right before I went on disability and I'm wondering if I can apply for unemployment while still getting disability payments? I know there's some rule about being able and available for work but I'm confused about how that works with disability. Has anyone dealt with this situation with NYS Department of Labor? I don't want to mess up either benefit by filing incorrectly.
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Ava Martinez
This is a tricky situation because NYS Department of Labor requires you to be able and available for work to receive unemployment benefits. Generally, if you're receiving disability benefits, it indicates you're unable to work, which conflicts with the unemployment requirement. However, there are some exceptions. You'd need to demonstrate that you can perform some type of work even with your disability. I'd recommend calling NYS Department of Labor directly to discuss your specific medical situation.
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StarSeeker
•That makes sense about the conflict. Do you know if they allow partial work capacity or does it have to be full ability to work?
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Miguel Ortiz
wait i thought you could get both?? my cousin was getting disability and unemployment at the same time last year. maybe the rules changed?
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Zainab Omar
•Your cousin might have been in a different situation. The key is whether you can demonstrate you're actively seeking and able to accept suitable work. Some people with partial disabilities can work certain jobs. It really depends on the specific circumstances and medical documentation.
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Connor Murphy
I went through something similar and it was a nightmare trying to reach anyone at NYS Department of Labor to get clarification. I kept getting conflicting information from different representatives. Eventually I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent who could review my case properly. They have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Made the whole process so much easier than sitting on hold for hours.
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StarSeeker
•Thanks for the suggestion! Did they help you figure out if you could collect both benefits?
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Connor Murphy
•Yes, turns out I qualified for unemployment because my disability was partial and I could still do desk work. The agent walked me through exactly what documentation I needed to prove I was able and available for suitable employment.
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Yara Sayegh
The system is so confusing! They want you to be disabled enough to get disability but not too disabled to work for unemployment. Makes no sense. I've been dealing with this bureaucratic mess for months and nobody can give me a straight answer about anything.
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NebulaNova
•I feel your frustration but there is logic to it. Disability benefits are for when you can't work, unemployment is for when you're able to work but can't find a job. The issue comes up when someone has a partial disability that limits but doesn't eliminate their work capacity.
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Keisha Williams
Just want to add that if you do qualify for both, you'll need to report your disability payments when you file your weekly unemployment claims. NYS Department of Labor needs to know about all income sources.
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