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Isabella Santos

Can I collect unemployment while in rehab - NYS Department of Labor eligibility question

I'm about to start an outpatient substance abuse treatment program that meets 3 days a week for 4 hours each day. I lost my job last month and need to file for unemployment benefits but I'm worried the NYS Department of Labor will say I'm not available for work because of the rehab schedule. The program is voluntary and I really need the income while I get my life back together. Has anyone been in this situation? Will they deny my claim if I tell them about the treatment program?

You can absolutely collect unemployment while in outpatient rehab! The NYS Department of Labor considers you available for work as long as you can work around your treatment schedule. Since it's only 3 days a week for a few hours, you're still available for full-time employment the other days. When you file your weekly claims, just make sure you mark that you're able and available for work. Don't volunteer information about rehab unless specifically asked, but if they do ask, explain it's outpatient and doesn't prevent you from working.

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Thank you so much! That's a huge relief. I was panicking about losing benefits when I really need them right now.

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I went through something similar last year. The key thing is that outpatient programs don't automatically disqualify you from unemployment. The NYS Department of Labor looks at whether you can accept suitable employment if offered. Since your program is only 12 hours a week, you could easily work around that schedule. I'd suggest looking for jobs that work with your treatment times - many employers are understanding about medical appointments.

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Did you have any issues when they did your eligibility review? I'm worried they might dig deeper into why I left my last job.

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They never asked about my treatment directly. If you left for reasons unrelated to substance use, just be honest about those circumstances. The rehab itself isn't the issue.

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ugh the whole system is so confusing!! i think as long as ur not like locked up somewhere 24/7 you should be fine?? my cousin did some kind of program while getting benefits but idk the details. just dont mention it unless they ask directly

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Getting through to the NYS Department of Labor to ask about specific situations like this can be nearly impossible with their phone lines. I was stuck trying to reach someone for weeks about a different eligibility question. A friend told me about this service called Claimyr (claimyr.com) that actually gets you connected to a real agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak with someone directly about your situation.

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Does that actually work? I've been trying to call for two weeks about my adjudication and can never get through.

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Yeah it worked for me! Got connected within like 20 minutes instead of spending hours on hold. Definitely worth trying if you're stuck.

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Good for you for getting help! I think the main thing is that you can still work full time around your treatment schedule. That's what matters to them - availability. I had to do some medical treatments while on unemployment and as long as I could prove I was still looking for work and available, there were no issues.

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I'm currently in a similar situation - doing outpatient treatment while on unemployment. What helped me was being very clear about my availability when filing weekly claims. I always mark "yes" that I'm able and available for work, and I've been actively job searching around my treatment schedule. The treatment has actually made me more motivated to find stable employment. Just make sure you're genuinely available for work on your non-treatment days and keep documenting your job search efforts. You're doing the right thing by getting help - don't let fear of losing benefits stop you from taking care of yourself.

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