Can I file NY unemployment for disability that started over a year ago? 75% hand disability question
I was diagnosed with a pain syndrome in both hands and labeled as 75% disabled about a year ago. I haven't been able to work since then because of this condition, but I never filed for unemployment benefits. Is it too late to file for NY unemployment now even though it's been over a year since my disability started? I'm really struggling financially and just found out I might have been eligible this whole time. Does anyone know if there's a time limit or if I can still apply retroactively?
20 comments
Kaitlyn Jenkins
Unfortunately, regular unemployment benefits aren't designed for disability situations - they're for people who are able to work but lost their job through no fault of their own. What you should look into is either NYS Disability Benefits or Social Security Disability Insurance (SSDI). For the state program, you generally need to apply within 30 days of becoming disabled, though there are exceptions. For SSDI, you can apply at any time, but benefits only go back 12 months from application date at most.
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Sydney Torres
•Thank you for explaining. I had no idea there was a difference between regular unemployment and disability benefits. So you're saying I probably can't get anything for the past year? That's really disappointing...
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Caleb Bell
The previous commenter is right about unemployment vs disability, but let me add that you might still have options! I was in a similar situation with a back injury. If you worked before your disability and paid into the system, you should definitely apply for SSDI right away. The process takes forever (took me 9 months), so start now. Also, call the NY disability office directly - don't rely on website info. When I tried calling for weeks and couldn't get through, I used this service called Claimyr (claimyr.com) that got me connected to an actual person in under 15 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE - totally worth it because the agent told me about exceptions I qualified for that weren't mentioned online.
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Danielle Campbell
•This is great advice. I'll add that with a 75% disability rating, you almost certainly qualify for SSDI. But be prepared for a potentially long process with possible initial denial. Many people get denied first time even with legitimate claims. Document EVERYTHING about your condition and how it prevents you from working.
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Rhett Bowman
my cousin had something similar happen and it took him like 2 years to get approved but he got backpay for all that time so dont give up
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Sydney Torres
•Two years?! I can't wait that long... but the backpay would help. Did your cousin have to hire a lawyer?
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Abigail Patel
The system is COMPLETELY BROKEN!! I filed for disability 18 months ago and they're STILL "reviewing" my case. Meanwhile I lost my apartment and had to move in with my sister. They WANT you to give up!! Don't listen to anyone telling you it's too late - FIGHT FOR YOUR BENEFITS! They owe you for making you wait!
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Daniel White
•So sorry about your situation. The waiting is the worst part. Hope you get approved soon.
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Nolan Carter
sorry to hear about your hands, that must be really painful. i think you might be mixing up unemployment and disability though? unemployment is for when you lose your job but can still work. disability is for when you cant work because of health issues. i dont know much about either one tho so maybe someone else knows better
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Kaitlyn Jenkins
•You're absolutely right - these are two different programs. Unemployment insurance (UI) requires you to be able and available to work. Disability benefits are specifically for those who can't work due to medical conditions. For the original poster's situation, disability programs would be the appropriate route.
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Danielle Campbell
To clarify some confusion here: New York has several different programs that might apply to your situation: 1. NYS Disability Benefits (DB) - For short-term disabilities, generally up to 26 weeks 2. Social Security Disability Insurance (SSDI) - Federal program for long-term disabilities 3. Supplemental Security Income (SSI) - For disabled people with limited income and resources For a 75% disability rating that's lasted over a year, SSDI is likely your best option. You'd apply through the Social Security Administration, not NY unemployment. Their application window allows you to claim benefits up to 12 months prior to application date, so while you've lost some potential benefits by waiting, you should still apply immediately to prevent losing more. The approval rate is only about 30% on first application, so be prepared for a potentially lengthy process.
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Sydney Torres
•Thank you for breaking this down. I had no idea there were so many different programs. I'll look into SSDI right away. Do you know if I need any special documentation besides my medical records?
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Rhett Bowman
btw my brother got disability payments and they still let him work part time just not making over a certain amount of money each month maybe you could do something that doesnt use your hands much?
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Sydney Torres
•That's actually really good to know. I've been thinking about trying to find work that doesn't involve using my hands much, but wasn't sure if that would disqualify me.
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Kaitlyn Jenkins
To answer your question about documentation: You'll need detailed medical records documenting your condition and how it prevents you from working. This includes: 1. Medical diagnosis with specific details about your hand pain syndrome 2. Treatment records showing what's been tried 3. Doctor's statement about work limitations 4. Work history for the past 15 years 5. Information about how your condition prevents you from doing your previous jobs Some applicants find it helpful to keep a daily journal documenting how their disability affects everyday activities. This can be valuable evidence during appeals if needed. And yes, SSDI does allow for some limited work under their Substantial Gainful Activity (SGA) limits - in 2025, that's around $1,550 per month.
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Sydney Torres
•This is incredibly helpful information! I have all my medical records but hadn't thought about documenting daily activities. I'll start doing that right away.
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Daniel White
I've been on disability for 3 years now. Just wanted to say don't get discouraged if you get denied at first. Almost everyone does. That's just how the system works unfortunately.
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Sydney Torres
•Thanks for the encouragement. Did you use a lawyer when you applied?
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Daniel White
No lawyer for the initial application, but I did get one for the appeal. They only take payment if you win (from your backpay), so it didn't cost anything upfront.
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Danielle Campbell
•This is good advice. Statistics show approval rates increase significantly with legal representation during appeals. Most disability attorneys work on contingency as mentioned - typically taking about 25% of backpay with a cap around $7,000. For a complicated case with a year-long disability already, it's often worth considering legal help even for the initial application.
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