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Ravi Patel

Can I collect unemployment if I am on social security - NYS Department of Labor eligibility question

I've been receiving social security disability benefits for the past two years but I was recently laid off from my part-time job that I was able to do despite my disability. The job was only 20 hours a week but it helped supplement my income. Now I'm wondering if I can file for unemployment benefits through NYS Department of Labor while still getting my social security payments? I don't want to mess up either benefit by applying for the wrong thing. Has anyone been in this situation before? I'm really confused about how these two programs interact.

Yes, you can collect both unemployment and social security in New York, but there are some important rules to follow. The key requirement is that you must be able and available for work to qualify for UI benefits. Since you were working part-time, you've already demonstrated work capability. NYS Department of Labor will need to verify that your disability doesn't prevent you from seeking and accepting suitable work. You'll need to register for work search and complete your weekly claims showing you're actively looking for employment.

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Ravi Patel

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Thank you! That's really helpful. Do I need to report my social security income when I file my weekly claims with NYS Department of Labor?

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Omar Zaki

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I went through this exact situation last year. You can definitely collect both but you have to be careful about the work search requirements. NYS Department of Labor will expect you to look for jobs that you can physically do given your disability. I had to document my job searches every week and explain how the positions were suitable for my limitations. The adjudication process took about 3 weeks because they needed to review my work capacity.

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Did you have any issues with Social Security finding out about the unemployment benefits? I'm worried they might think I'm suddenly not disabled anymore.

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Omar Zaki

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No issues at all. Social Security understands that some people with disabilities can work limited hours. As long as you stay within the substantial gainful activity limits, you're fine.

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this is so confusing!! i thought if you were disabled you couldnt work at all?? how can you get unemployment if youre on disability??? doesnt that mean you CANT work??

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There are different types of social security benefits. Some people receive SSDI but can still work part-time within certain earnings limits. The 'able and available' requirement for unemployment just means you can perform some type of work, not that you have to be able to do every job.

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Diego Flores

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I've been trying to reach NYS Department of Labor for weeks about a similar question and can never get through on the phone. The wait times are insane and I keep getting disconnected. I actually found this service called Claimyr (claimyr.com) that helps you get connected to actual NYS Department of Labor agents. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. It was a lifesaver when I needed to verify my eligibility status last month.

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Ravi Patel

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Thanks for the tip! I was dreading trying to call them. How long did it take to get through using that service?

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Diego Flores

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Much faster than calling directly. They handle the waiting and calling back so you don't have to sit on hold forever.

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The whole system is ridiculous if you ask me. They make it so complicated to figure out what you can and can't do. Why can't NYS Department of Labor just have clear guidelines posted somewhere instead of making everyone call and wait for hours?? I've been dealing with adjudication for my claim for over a month now and still no answers.

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Sean Flanagan

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I feel your frustration but the rules are actually posted on the NYS Department of Labor website. The problem is they're written in such technical language that regular people can't understand them.

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Just wanted to add that when you file your initial claim, make sure to mention your part-time work history and that you were let go through no fault of your own. This helps establish your work capacity right from the start and might prevent delays in adjudication.

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I'm in a very similar situation - collecting SSDI and just lost my part-time job. One thing I learned from my benefits counselor is that you should definitely report your Social Security income when filing your weekly unemployment claims. It won't disqualify you, but NYS Department of Labor needs to know about all income sources. Also, keep detailed records of your job search activities that match your disability limitations. I've been documenting not just what jobs I applied for, but also why they were suitable given my restrictions. This documentation has been really helpful when they ask for clarification during the review process.

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