Can I get NYS Department of Labor unemployment while on disability benefits?
I've been on short-term disability through my employer for the past 6 weeks due to a back injury, but my disability payments are only covering about 60% of my regular salary. A friend mentioned I might be able to collect unemployment benefits at the same time to make up some of the difference. Is this actually possible with NYS Department of Labor? I'm still technically employed but not working, and I'm not sure if being on disability disqualifies me from filing a UI claim. Has anyone dealt with this situation before?
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Maggie Martinez
Unfortunately, you generally cannot collect both disability and unemployment benefits simultaneously in New York. The key issue is that to be eligible for unemployment benefits, you must be able and available for work. If you're receiving disability benefits, you're essentially stating that you cannot work due to your condition, which conflicts with the unemployment requirement. NYS Department of Labor requires that claimants be physically able to work and actively seeking employment.
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Zane Gray
•That makes sense but seems unfair. So I'm basically stuck with just the 60% disability payment until I can return to work?
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Alejandro Castro
wait i thought you could get both?? my cousin was telling me she got unemployment when she was out on workers comp last year
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Maggie Martinez
•Workers' compensation is different from regular disability benefits. There are very specific and rare circumstances where someone might be able to collect both, but it's not common and usually involves transitional situations where someone is cleared to return to limited work.
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Monique Byrd
There might be one exception to consider - if your doctor clears you for light duty work but your employer doesn't have any light duty positions available, you could potentially file for unemployment at that point. You'd need medical documentation showing you're able to work with restrictions, and your employer would need to confirm they can't accommodate those restrictions. But you definitely can't collect both while you're still classified as unable to work.
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Zane Gray
•Interesting - I'm supposed to see my doctor next week for a follow-up. I'll ask about light duty clearance and see what my employer says about accommodations.
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Jackie Martinez
I had a similar situation last year and ended up using Claimyr (claimyr.com) to actually get through to a NYS Department of Labor agent to clarify my specific circumstances. The automated system and website weren't clear about my particular disability-to-work transition timeline. There's a good video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes these situations are more nuanced than the general rules suggest, and talking to an actual person at NYS Department of Labor can help you understand if there's any window where you might be eligible.
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Zane Gray
•Thanks, I'll check that out. I've been trying to call NYS Department of Labor but keep getting busy signals or getting disconnected after waiting forever.
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Lia Quinn
The system is so broken!! I know people who work under the table while collecting both disability AND unemployment and nothing happens to them. Meanwhile honest people like you get screwed trying to follow the rules.
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Maggie Martinez
•Please don't encourage fraud. Working under the table while collecting benefits is illegal and can result in serious penalties including having to pay back all benefits plus fines.
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Haley Stokes
Just want to add that if you do eventually transition from disability back to work, make sure you understand the timeline for filing unemployment if you end up losing that job. There are specific rules about when you can file after returning from disability leave.
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