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.
21 comments


Freya Andersen
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
•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
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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CosmicCrusader
•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
•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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Chloe Robinson
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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Freya Andersen
•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
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
•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
•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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Anastasia Kozlov
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
•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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CosmicCrusader
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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Chloe Mitchell
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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CosmicCowboy
•This is really helpful advice! I'm also wondering about the benefits counselor you mentioned - where did you find them? I've been trying to navigate this on my own but having someone who understands both systems would be amazing. Did they help you understand the substantial gainful activity limits that Omar mentioned earlier?
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AstroAlpha
•I found my benefits counselor through the Work Incentives Planning and Assistance (WIPA) program - they're federally funded and free! You can find local WIPA programs through the Social Security Administration website or by calling 1-866-968-7842. My counselor helped me understand exactly how much I could earn without affecting my SSDI, which was crucial when I was working part-time. They also explained how unemployment benefits are treated differently than wages for Social Security purposes. Definitely worth reaching out to them before you file your claim with NYS Department of Labor!
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Hunter Hampton
I was in almost the exact same boat last year! I collect SSDI and was working part-time when my employer had to let me go due to budget cuts. The good news is you absolutely can collect both - I've been doing it successfully. Here's what I learned: When you file your initial claim with NYS Department of Labor, be upfront about your disability and emphasize that you were successfully working part-time, which proves your work capacity. They'll want to see that you can perform some type of work within your limitations. Make sure to report your Social Security income on your weekly claims - it won't reduce your UI benefits dollar-for-dollar, but they need to know about it. The trickiest part was the work search requirement - I had to find jobs that matched my restrictions, but my WIPA counselor helped me understand what types of positions to look for. The whole process took about 4 weeks for approval, but it was worth it. Don't let anyone tell you that being on disability automatically disqualifies you - as long as you can work within your limitations, you're eligible!
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Javier Morales
•This is incredibly reassuring to hear from someone who's actually been through the process! I'm particularly nervous about the work search requirement - did you find that employers were understanding when you explained your limitations during the application process? Also, when you mention it took 4 weeks for approval, was that from when you first filed or from when they started reviewing your case? I'm trying to get a realistic timeline so I can plan my finances accordingly.
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Julian Paolo
•Hunter, thank you so much for sharing your experience! This gives me a lot of hope. I'm especially interested in how you handled the work search documentation - did you keep a log of which positions you applied for and why they matched your restrictions? Also, I'm curious about something you mentioned - you said Social Security income won't reduce UI benefits dollar-for-dollar. Does that mean there's no offset at all, or is there some other calculation they use? I want to make sure I understand this correctly before I file my claim.
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Andre Dupont
I'm currently in this exact situation and have been researching it extensively. One thing I want to add that hasn't been mentioned yet is the importance of understanding the "work test" that NYS Department of Labor uses for people with disabilities. They don't just look at whether you can work - they evaluate whether you can work in your "customary occupation" or other suitable work given your training and experience. Since you were successfully doing a 20-hour part-time job, that's strong evidence of your work capacity. I'd recommend gathering documentation from your previous employer about your job duties and any accommodations they provided - this can help speed up the adjudication process. Also, when you do your work searches, focus on positions similar to what you were doing before, as these will be considered "suitable work" for your situation. The key is showing consistency between your past work capability and your current job search efforts.
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NeonNebula
•Andre, this is really valuable information about the "work test" - I hadn't heard that terminology before but it makes a lot of sense. The idea of focusing on my customary occupation is particularly helpful since I was working in data entry, which seems like something I could continue doing with my disability. Do you know if NYS Department of Labor has specific guidelines about what constitutes "suitable work" for people with disabilities? I'm wondering if there's a formal list somewhere or if it's more of a case-by-case evaluation. Also, when you mention gathering documentation from my previous employer about accommodations, should I request this before I file my claim or can I provide it during the adjudication process if they ask for it?
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