Can a retired person collect unemployment benefits in New York?
I'm really confused about this situation. My dad is 67 and was working part-time at a retail store for the past 3 years since he 'retired' from his career job. The store just laid him off last month due to budget cuts. He's been getting social security since he turned 65, but he really needs the extra income from working. Can he file for unemployment benefits with NYS Department of Labor even though he's technically retired and collecting social security? I've heard mixed things about this and don't want him to get in trouble or have to pay anything back later.
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Natasha Romanova
Yes, your dad can absolutely file for unemployment! Being retired or collecting social security doesn't automatically disqualify someone from UI benefits in New York. The key requirement is that he must be able and available for work, which it sounds like he is since he was working part-time. When he files his weekly claims, he'll need to report his social security income, but that won't prevent him from getting unemployment benefits. The NYS Department of Labor will just reduce his weekly benefit amount by a portion of his social security payments.
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Oliver Weber
AuthorThat's such a relief to hear! So he should definitely apply then. Do you know if there are any special forms he needs to fill out because of the social security?
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NebulaNinja
My mom went through this exact same thing two years ago. She was 63, collecting early social security, and got laid off from her part-time job at a medical office. NYS Department of Labor approved her claim no problem. The only thing is they reduced her weekly unemployment by like 50% of her social security amount, but she still got something which helped a lot.
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Javier Gomez
The reduction formula is actually a bit more complex than 50%. NYS Department of Labor reduces unemployment benefits by the amount that social security exceeds 25% of the weekly benefit rate. It's confusing but basically if someone's getting a small social security payment, it might not affect their UI at all.
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Emma Wilson
Just make sure he emphasizes that he's actively looking for work when he files. The biggest thing NYS Department of Labor cares about is whether someone is truly available for employment. Since he was working part-time recently, that shows he's able and willing to work. He should apply right away though - there's a waiting period and delays are common right now.
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Oliver Weber
AuthorGood point about emphasizing he's looking for work. He definitely wants to keep working, just maybe not full-time at his age.
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Malik Thomas
ugh the whole system is so confusing especially for older workers!!! My neighbor tried to get through to NYS Department of Labor for weeks about this exact question and kept getting hung up on. If your dad has trouble reaching someone to ask questions, there's this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if he gets stuck in phone hell like so many people do.
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Isabella Oliveira
Never heard of that service but honestly anything is better than trying to call NYS Department of Labor directly. The hold times are insane.
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Ravi Kapoor
wait so collecting social security doesn't disqualify you? i thought if you were retired you couldn't get unemployment that doesn't make sense
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Natasha Romanova
Nope, common misconception! Retirement status and ability to work are two different things in the eyes of NYS Department of Labor. Plenty of people collect social security and still work or want to work.
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Keisha Johnson
This is actually a really common situation! Your dad should definitely apply for unemployment benefits. Age and social security don't disqualify him as long as he's able and available to work, which sounds like he is. I'd recommend he file his claim online at labor.ny.gov as soon as possible since there's usually a one-week waiting period before benefits start. When he does his weekly certifications, he'll need to report his social security income, but NYS DOL will calculate any reductions automatically. The main thing is being honest about his work search efforts and availability. Given that he was actively working part-time until recently, he should have no problem demonstrating he's ready and willing to work again.
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