Can I draw unemployment while on social security - NYS Department of Labor eligibility question
Hi everyone, I'm 67 and currently receiving social security benefits. I was laid off from my part-time job at a retail store last month where I was working about 25 hours a week. Can I still file for unemployment benefits with NYS Department of Labor while getting my social security payments? I'm confused about whether these two benefits conflict with each other. My former employer said I should apply but I don't want to mess up my social security if there's some kind of rule against it. Has anyone been in this situation before?
16 comments
Join the conversation
Isabella Ferreira
Yes, you can absolutely receive both social security and unemployment benefits at the same time in New York. There's no law preventing you from collecting both. The key is that you still need to meet all the regular NYS Department of Labor requirements - you have to be able and available for work, actively seeking employment, and willing to accept suitable job offers. Since you were working part-time while on social security, that shows you're clearly able to work.
0 coins
Malik Johnson
•That's a relief! I was worried I'd have to choose between them. Do I need to report my social security income when I file my weekly claims?
0 coins
Ravi Sharma
Just went through this exact situation myself. I'm 65, on social security, and got laid off from my customer service job in December. NYS Department of Labor approved my claim no problem. You do need to report your social security as income on your weekly certification, but it won't reduce your unemployment benefits dollar for dollar. The UI office will calculate any offset based on their formula. Most importantly, make sure you're genuinely looking for work because they'll verify your job search activities.
0 coins
NebulaNomad
•How much of your social security do they count against unemployment? Is it the full amount?
0 coins
Ravi Sharma
•They only count 50% of your social security against your weekly benefit amount, not the full amount. So if you get $800/week in social security, they only deduct $400 from your unemployment calculation.
0 coins
Freya Thomsen
I tried calling NYS Department of Labor about this same question three weeks ago and couldn't get through to anyone! The phone system just hangs up after being on hold forever. This is so frustrating when you need answers about whether you can even apply. Has anyone found a way to actually talk to a real person there?
0 coins
Omar Fawaz
•I had the same problem trying to reach them until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents - you can check it out at claimyr.com. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. I used it last week to get my adjudication issue resolved and actually spoke to someone within a couple hours instead of wasting days trying to call.
0 coins
Chloe Martin
wait so your saying i can get unemployment AND social security at the same time?? that seems like double dipping to me. shouldnt people pick one or the other
0 coins
Isabella Ferreira
•It's not double dipping at all. Social security is based on your lifetime earnings contributions, while unemployment is insurance you and your employer paid into for temporary income replacement when you lose your job. They serve completely different purposes and there's no legal restriction on receiving both.
0 coins
Diego Rojas
Be careful though - you still have to meet the work search requirements even if you're on social security. NYS Department of Labor requires 3 work search activities per week and you have to keep a log. Don't think they'll go easy on you just because you're older. They check these things during audits.
0 coins
Aisha Rahman
I'm in a similar situation - 64 and just got laid off from my part-time bookkeeping job while collecting social security. From what I've researched and heard from others, you definitely can collect both in New York. The main thing is being honest about everything when you file. Report your social security income on the weekly certifications, and make sure you're genuinely available for work and doing your job searches. I'm planning to file my claim this week. Good luck with yours!
0 coins
Elijah Knight
I'm 62 and went through this exact situation last year when I got furloughed from my warehouse job. You absolutely can collect both - there's no conflict between social security and unemployment benefits in New York. The key things to remember: 1) You'll need to report your social security income on your weekly certifications, but as others mentioned, they only count 50% of it against your unemployment benefits. 2) You still need to be actively job searching and available for work - age doesn't exempt you from the work search requirements. 3) Apply as soon as possible since there's usually a waiting period. I found the online application process pretty straightforward once I got started. Don't let the phone issues discourage you - the online system works much better than trying to call them.
0 coins
Hassan Khoury
•Thanks for sharing your experience! This is really helpful. I'm curious about the waiting period you mentioned - how long did it take for your benefits to start after you applied? Also, when you say the online system works better, do you mean for the initial application or for the weekly certifications too? I'm trying to get a sense of what to expect when I file my claim.
0 coins
Nia Watson
•@Elijah Knight In my experience, there was about a 2-3 week delay from when I filed to when I received my first payment, but that included the mandatory waiting week that everyone has to serve. The online system is definitely better for both - I did my initial application online without any issues, and the weekly certifications are pretty straightforward too. You just log in every week, answer the standard questions about your job search activities and any income, and submit it. Much more reliable than trying to get through on the phone. Just make sure you keep good records of your job search activities since they can audit those at any time.
0 coins
Liam Mendez
I'm 69 and was in this exact situation two years ago when my part-time retail job ended. You can definitely collect both - I received unemployment benefits for 6 months while continuing to get my full social security. The NYS Department of Labor staff I spoke with confirmed there's no federal or state law preventing this combination. Just make sure you're completely honest on your weekly certifications about your social security income and keep detailed records of your job search activities. One tip: when you're doing your required 3 weekly job searches, don't limit yourself to just younger-worker jobs - there are employers specifically looking for experienced workers. I ended up finding a new part-time position through indeed.com that valued my experience. The whole process was much smoother than I expected once I got past the initial anxiety about applying.
0 coins
Jackie Martinez
•This is really encouraging to hear from someone who's been through the whole process! I appreciate you mentioning the tip about not limiting job searches to "younger-worker jobs" - I hadn't thought about that but it makes sense. I've been worried that my age might work against me in the job search, but focusing on employers who value experience sounds like a much better approach. Did you find that most employers were understanding about your situation of being on both social security and looking for work? I'm hoping to find something part-time like you did.
0 coins