Can I collect unemployment while waiting for disability decision from NYS Department of Labor?
I applied for disability benefits back in October but the decision is taking forever. My doctor says I can't do my old job anymore (construction work) but I might be able to do some light desk work while I wait. Can I file for unemployment with NYS Department of Labor in the meantime? I'm getting conflicting information about whether you can collect both at the same time. My savings are running out and I need some income while waiting for the disability determination. Has anyone been in this situation before?
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Zara Malik
This is actually a complex situation that depends on your specific circumstances. Generally, to collect unemployment you need to be able and available for work, which can conflict with a disability claim. However, if your doctor says you can do light work while waiting for your disability decision, you might be eligible for partial unemployment benefits. You'll need to be honest about your work restrictions when filing your weekly claims with NYS Department of Labor.
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Sean Kelly
•Thanks for the info. So I should mention the work restrictions when I file? I'm worried that will automatically disqualify me.
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Luca Greco
i was in similar boat last year, collecting ui while waiting for ssdi decision took like 8 months. as long as ur dr says you can work in some capacity you should be fine just make sure to report everything honestly on your weekly claim
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Nia Thompson
You absolutely can collect unemployment while waiting for disability, but there are rules. The key is that you must be able to perform SOME type of work, even if it's not your previous job. Document everything from your doctor about what work you can and cannot do. When you file your initial claim, explain your situation clearly. NYS Department of Labor has provisions for people with work restrictions.
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Mateo Rodriguez
•What if the disability gets approved retroactively? Do you have to pay back the unemployment benefits?
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Nia Thompson
•Good question - yes, if there's an overlap period where you received both benefits for the same time frame, you may need to repay the unemployment. But if you're honest about your situation from the start, NYS Department of Labor will work with you on this.
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Aisha Hussain
I had such a hard time getting through to NYS Department of Labor to ask about this exact situation. Spent weeks trying to call and either got busy signals or was on hold for hours before getting disconnected. Finally used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent was able to explain exactly how to handle unemployment while waiting for disability and what to report on my weekly claims.
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Sean Kelly
•That sounds helpful! I've been trying to call for days with no luck. Did they charge you for the service?
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Aisha Hussain
•Yeah there's a fee but it was worth it to actually get answers instead of spending hours on hold. The agent walked me through exactly what work restrictions to report and how to avoid any issues later.
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GalacticGladiator
Wait I'm confused - if you're applying for disability doesn't that mean you CAN'T work? How can you also say you're able and available for work for unemployment? This seems like fraud to me.
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Zara Malik
•It's not fraud if you're honest about your limitations. Disability and unemployment have different definitions of 'unable to work.' You can be disabled from your previous job but still able to do other types of work. The key is transparency with both agencies.
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GalacticGladiator
•I guess that makes sense but it still seems risky. What if they find out later?
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Ethan Brown
OP definitely look into this more before filing. I know someone who got in trouble for collecting both even though they thought they were doing everything right. The rules are super confusing and NYS Department of Labor doesn't always explain things clearly.
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