Can I get NYS unemployment while waiting for disability approval?
I applied for Social Security disability three months ago and I'm still waiting to hear back. My doctor says I can't work my regular job as a warehouse supervisor because of my back injury, but the disability process could take forever. Can I file for NYS Department of Labor unemployment benefits while I wait? I'm really confused about whether I'd qualify since I can't do my usual work but might be able to do something lighter. Has anyone been in this situation before?
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Paolo Conti
This is actually a complex situation with NYS Department of Labor rules. You can potentially receive unemployment while waiting for disability, but you need to meet the 'able and available' requirement. This means you must be physically capable of performing some type of work and actively seeking employment. Since you mentioned you might be able to do lighter work, you could qualify if you're genuinely looking for jobs within your physical limitations.
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Keisha Williams
•Thanks for explaining that! So I would need to actually apply for jobs I could physically do? What if my doctor has me on restrictions?
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Amina Diallo
yeah my sister did this last year, she got unemployment for like 6 months while waiting for her disability case. just had to prove she was looking for work she could actually do with her condition
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Oliver Schulz
You'll need to register with the job search system and document your work search activities weekly. The key is being honest about your limitations but showing you're available for suitable work. Make sure to report any medical restrictions when you file your weekly claims. Keep detailed records of jobs you apply for that accommodate your physical limitations.
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Natasha Kuznetsova
•This is so stressful to figure out! What happens if disability gets approved while I'm on unemployment? Do I have to pay it back or something??
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Oliver Schulz
•If disability is approved retroactively, there might be an overlap period that needs to be sorted out. You should report any disability payments to NYS Department of Labor immediately when you receive them.
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AstroAdventurer
The unemployment system is such a mess when it comes to disability situations. I waited 8 months for my claim to get sorted out because they kept questioning whether I was really available for work. Had to appeal twice and provide tons of medical documentation. Good luck dealing with NYS Department of Labor bureaucracy on this one.
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Javier Mendoza
I had a really hard time getting through to NYS Department of Labor to ask about this exact situation. Kept getting transferred around and nobody seemed to know the rules. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could explain how the able and available requirement works with medical restrictions. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than trying to call myself.
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Keisha Williams
•Really? I've been trying to call for weeks with no luck. I'll check that out, thanks!
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Emma Wilson
just make sure you keep all your medical records organized. unemployment will want proof of your work restrictions if they question your claim
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