Can I collect unemployment if terminated while on disability - NYS Department of Labor eligibility?
I was terminated from my job last month while I was still on short-term disability for a back injury. My employer said they were eliminating my position due to budget cuts, but I'm wondering if I can even apply for unemployment benefits since I was technically on disability when they let me go. I've been cleared by my doctor to return to work as of two weeks ago. Does anyone know if NYS Department of Labor will approve my claim given these circumstances? I'm really confused about whether being on disability when terminated affects my eligibility.
12 comments


Dylan Wright
Yes, you can definitely file for unemployment benefits in this situation. The key factor is that you're now able and available for work, which your doctor's clearance proves. When you file your claim with NYS Department of Labor, you'll need to report that you were terminated while on disability, but since you're medically cleared now, that shouldn't disqualify you. Make sure you have your doctor's return-to-work documentation ready when you apply.
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Fatima Al-Mazrouei
•Thank you! That's such a relief. Do I need to submit the doctor's note when I first file online, or can I wait until they ask for it?
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NebulaKnight
wait this happened to me too but nys labor dept made me wait until i was fully cleared before i could even apply. maybe it depends on the type of disability?
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Dylan Wright
•You're right that timing matters. If you apply while still on disability and unable to work, your claim will be denied. But since the original poster is already cleared to work, they should be eligible now.
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Sofia Ramirez
I went through something similar and had trouble getting through to NYS Department of Labor to explain my situation. The online system kept flagging my claim for review because of the disability dates. I ended up using this service called Claimyr (claimyr.com) that helped me reach an actual agent to clarify everything. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Saved me weeks of calling and getting hung up on.
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Fatima Al-Mazrouei
•How much did that cost? I'm already stressed about money and don't want to pay a lot just to talk to someone.
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Sofia Ramirez
•It was worth it for me because I was going crazy trying to get through on my own. The peace of mind knowing my claim was processed correctly was huge.
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Dmitry Popov
Make sure when you file that you answer the questions about your availability honestly. If there were any dates when you couldn't work due to the disability, report those accurately. NYS Department of Labor will likely put your claim into adjudication to review the circumstances, but as long as you're truthful about the timeline and have medical clearance, you should be approved.
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Ava Rodriguez
•What does adjudication mean exactly? Is that when they investigate your claim?
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Dmitry Popov
•Adjudication is when NYS Department of Labor reviews your claim to determine if you meet all the eligibility requirements. It can take 2-4 weeks typically, and they might contact you or your employer for additional information.
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Miguel Ortiz
UGH the whole system is so confusing!!! Why can't they just have clear answers about this stuff on their website? I swear NYS Department of Labor makes everything more complicated than it needs to be.
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Zainab Khalil
•I feel you on that. The rules seem to change depending on who you talk to sometimes.
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