Can you collect NYS Department of Labor unemployment while waiting for social security disability?
I'm really confused about this situation and hoping someone can help. I had to stop working in September due to a serious back injury that requires surgery. My doctor says I'll be out for at least 6-8 months total. I applied for social security disability but was told it could take 8-12 months to get approved. In the meantime, I filed for unemployment with NYS Department of Labor since I technically lost my job due to my inability to work. My weekly claims have been going through but now I'm worried - am I allowed to collect UI benefits while my disability application is pending? I keep seeing conflicting information online and I don't want to get in trouble for an overpayment later. Has anyone been in this situation before?
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Olivia Garcia
This is actually a pretty common situation and yes, you can collect unemployment while your disability application is pending, BUT there are important requirements you need to meet. For NYS Department of Labor benefits, you must be able and available for work each week when you certify. The key question is whether your medical condition prevents you from working entirely or just from your previous job. If you can perform some type of work (even with restrictions), you may qualify for UI benefits.
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Liam Brown
•That makes sense, thank you. My doctor said I can't do any lifting over 10 pounds and need to avoid prolonged standing, but I could potentially do desk work. Would that count as being available for work?
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Noah Lee
i was in the exact same boat last year with a knee injury. collected unemployment for about 5 months while waiting for disability decision. the trick is making sure you answer the weekly questions honestly - if you're truly available for SOME type of work that accommodates your restrictions, you should be fine. just document everything in case they ask later.
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Liam Brown
•Did you have any issues when your disability got approved? I'm worried they'll say I was supposed to choose one or the other.
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Noah Lee
•no problems at all. disability benefits start from when you become disabled, not when approved. there might be a brief overlap period but that's normal and legal.
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Ava Hernandez
You need to be very careful here because the requirements can seem contradictory. For unemployment, you're certifying each week that you're able and available for work. For disability, you're claiming you can't work. The NYS Department of Labor will look at your specific situation - if your restrictions allow you to perform other types of work, you can collect UI. However, if you're claiming total disability, you could face issues. Make sure your job search activities reflect positions you can actually perform given your medical restrictions.
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Liam Brown
•This is exactly what I'm worried about. How do I prove I'm looking for work that fits my restrictions without it seeming fake?
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Isabella Martin
ugh this system is so confusing!! why can't they just have clear guidelines about this stuff? I've been dealing with NYS Department of Labor for months and every time I call I get different answers from different people. It's like they want you to mess up so they can deny your claim later.
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Elijah Jackson
If you're having trouble getting through to NYS Department of Labor to clarify your specific situation, I had good luck using Claimyr (claimyr.com) to actually reach an agent. They have this system that calls the unemployment office for you and connects you when someone picks up. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals when I needed to discuss my partial disability situation with an actual person who could look at my account.
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Liam Brown
•That sounds really helpful! I've been trying to call for weeks with no luck. Did they charge you for it?
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Elijah Jackson
•There's a fee but honestly it was worth it to get my questions answered quickly instead of spending weeks trying to get through. Much less stressful than the regular phone maze.
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Sophia Miller
Just wanted to add that you should keep detailed records of all your medical documentation and work search activities. If there's ever a question about your eligibility later, having everything documented will help your case. Also make sure your work search log reflects jobs you could actually perform - don't just apply to anything.
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