Can I collect unemployment for mental health reasons in New York?
I've been struggling with severe anxiety and depression that's making it impossible for me to perform my job duties. My therapist says I need time off to focus on treatment but I'm worried about finances. Can I collect unemployment for mental health reasons through NYS Department of Labor? I'm not sure if this counts as being 'able and available' for work which I know is required. Has anyone dealt with this situation before?
11 comments
Join the conversation
Alfredo Lugo
Mental health can qualify you for unemployment benefits in certain situations. The key is whether you voluntarily quit or were terminated. If you quit due to mental health, you'd need to prove 'good cause' - which can include documented medical reasons that made continuing work impossible. You'll need medical documentation from your therapist or psychiatrist. The NYS Department of Labor will review your case during adjudication to determine if your circumstances meet their criteria.
0 coins
Gianna Scott
AuthorThank you for this info. I haven't quit yet but I'm considering it. Should I talk to my doctor about getting proper documentation first?
0 coins
Sydney Torres
be careful about the able and available requirement though... if youre too sick to work at your current job you might be too sick to work anywhere? i had a friend who got denied because of this catch-22
0 coins
Kaitlyn Jenkins
This is actually a common misconception. You can be unable to perform your specific job duties due to mental health while still being able and available for other types of work. The NYS Department of Labor looks at whether you can perform any suitable work, not just your previous position. Many people successfully collect UI while receiving mental health treatment.
0 coins
Caleb Bell
I'm going through something similar right now and it's been so stressful trying to figure out what to do. The whole system seems designed to make you jump through hoops when you're already struggling. Have you looked into FMLA first? That might protect your job while you get treatment.
0 coins
Gianna Scott
AuthorI did look into FMLA but my company is too small to qualify. That's why I'm exploring unemployment options.
0 coins
Kaitlyn Jenkins
If you're having trouble reaching someone at NYS Department of Labor to discuss your specific situation, I had success using Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck trying to call for weeks about my adjudication and they got me connected within a day. Might be worth checking out since mental health cases often need individual review.
0 coins
Sydney Torres
never heard of this service... is it legit? sounds too good to be true
0 coins
Kaitlyn Jenkins
It's legit - they just handle the calling and waiting for you. Really helped when I couldn't get through the regular way.
0 coins
Danielle Campbell
The NYS Department of Labor system is so frustrating for situations like this! They expect you to navigate all this bureaucracy when you're already dealing with mental health issues. I hope you get the help you need. Document everything and don't give up if they initially deny you - appeals are always an option.
0 coins
Liam McConnell
I went through this exact situation last year and was approved for unemployment benefits. The key things that helped my case: 1) I had detailed documentation from my psychiatrist explaining how my anxiety disorder made it impossible to perform my specific job duties, 2) I worked with my doctor to show I was actively seeking treatment and would be able to work in a different environment once stabilized, and 3) I was honest during the phone interview about my situation. The adjudication process took about 3 weeks, but they ultimately ruled in my favor. Don't let anyone discourage you - mental health is just as valid as physical health reasons. Make sure to emphasize that you're seeking treatment and want to return to work when you're able.
0 coins