Can you apply for unemployment while on disability benefits in New York?
I've been getting disability payments for the past 8 months due to a back injury from my warehouse job. My doctor says I'm cleared to do light duty work now and I want to start looking for employment again. But I'm confused about whether I can file for unemployment benefits while I'm still technically on disability. Does anyone know if NYS Department of Labor allows this? I don't want to mess up either benefit by doing something wrong.
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Beatrice Marshall
This is actually a complex situation that depends on the type of disability benefits you're receiving. If you're on workers comp, that's different from Social Security disability. For unemployment benefits, you need to be able and available for work. Since your doctor cleared you for light duty, you might qualify, but you'll need to report your disability status when filing your weekly claims.
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Mae Bennett
•It's workers comp disability, not Social Security. So does that make a difference? I'm definitely able to work light duty jobs now.
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Melina Haruko
i think you can but you have to be really careful about reporting everything correctly... my cousin was in a similar situation and almost got in trouble for not disclosing his disability payments properly
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Dallas Villalobos
You need to contact NYS Department of Labor directly about this because the rules are very specific. Generally, you can receive unemployment if you're able and available for work, even while on certain types of disability. However, you must report all income including disability payments on your weekly claims. The key is being medically cleared for work and actively seeking employment within your restrictions.
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Reina Salazar
•Good luck getting through to anyone at NYS Department of Labor though! I've been trying to reach them for weeks about my claim issues. The phone lines are always busy and the online chat never works.
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Saanvi Krishnaswami
•Actually, I had success using Claimyr to get through to a NYS Department of Labor agent when I couldn't reach them directly. It's a service that helps you get connected - check out claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call.
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Demi Lagos
Wait, so you can get both unemployment AND disability at the same time?? That seems like double dipping to me... shouldn't you have to pick one or the other?
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Beatrice Marshall
•It's not double dipping if you're legitimately able to work within your medical restrictions. Workers comp disability can continue while you're seeking employment, as long as you're honest about your limitations and report all income properly.
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Mason Lopez
just be super careful with this stuff... the government doesnt mess around when it comes to benefit fraud and if they think youre gaming the system they will come after you hard
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NebulaKnight
I went through something similar last year when I was transitioning back to work after a work-related injury. The key thing is that unemployment benefits require you to be "able and available" for work, which it sounds like you are since your doctor cleared you for light duty. When you file your weekly claims, you'll need to report your workers comp payments - they may reduce your unemployment benefit amount, but it doesn't automatically disqualify you. I'd recommend calling the unemployment office early in the morning (around 8 AM) when the lines are less busy, or try their online system to get specific guidance for your situation. Make sure to keep all your medical documentation showing you're cleared for work.
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Yara Nassar
•This is really helpful advice! The 8 AM call tip is gold - I never would have thought of that timing. Quick question though - when you say they "may reduce your unemployment benefit amount" because of the workers comp payments, do you know roughly how much? Like is it dollar for dollar reduction or do they have some kind of formula they use? I want to make sure it's still worth it financially before I go through all the paperwork hassle.
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