Can you collect unemployment after being on short term disability in NY?
I was on short term disability through my employer for about 4 months due to a back injury. The disability benefits just ended last week and my doctor cleared me to return to work, but when I contacted my company they said my position was eliminated during a restructuring that happened while I was out. Now I'm wondering if I can file for unemployment benefits with NYS Department of Labor? I'm worried that being on disability might disqualify me somehow. Has anyone been in this situation before?
18 comments
Join the conversation
Yuki Sato
Yes, you can absolutely file for unemployment after short term disability ends! The key is that you need to be able and available for work now. Since your doctor cleared you and your position was eliminated through no fault of your own, you should qualify for UI benefits. Make sure you have your medical clearance documentation when you file with NYS Department of Labor.
0 coins
Ethan Wilson
•That's such a relief to hear! Do I need to submit the medical clearance when I file online or just have it ready if they ask?
0 coins
Carmen Flores
same thing happened to my brother last year, he got unemployment no problem after his disability ended
0 coins
Andre Dubois
You'll want to file your claim as soon as possible since there's usually a waiting period. When you file with NYS Department of Labor, you'll need to certify that you're able and available for work. The fact that you were on legitimate medical leave and then got medical clearance should actually work in your favor. Your employer eliminating your position while you were on approved leave might even strengthen your case.
0 coins
CyberSamurai
•Wait, is there something sketchy about them eliminating his position while he was on disability? That seems suspicious to me.
0 coins
Andre Dubois
•It could be legitimate restructuring or it could be discrimination, but either way it shouldn't affect his unemployment eligibility. If he suspects discrimination, that's a separate legal issue to pursue.
0 coins
Zoe Alexopoulos
I had trouble getting through to NYS Department of Labor when I was trying to sort out a similar situation. If you run into issues reaching someone by phone, I found this service called Claimyr that helped me get connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI and the website is claimyr.com. It was way better than sitting on hold for hours just to get disconnected.
0 coins
Ethan Wilson
•Thanks for the tip! I'll definitely check that out if I can't get through the regular way.
0 coins
Jamal Carter
One thing to keep in mind - when you file your weekly claims, you'll need to report that you're actively looking for work. Make sure you understand the job search requirements because they're pretty strict about documenting your search activities.
0 coins
Brianna Muhammad
I went through something very similar about 6 months ago. Was on short-term disability for a shoulder injury, got cleared to return to work, but my company had "restructured" my department out of existence. Filed for unemployment the day after I got my medical clearance and had no issues at all. The NYS Department of Labor was actually pretty understanding about the situation. Just make sure you emphasize that you're medically cleared and ready to work when you file - that's the key requirement they care about. Good luck!
0 coins
Morita Montoya
•This is really encouraging to hear from someone who went through the exact same situation! Did you have to provide any specific documentation beyond the medical clearance when you filed? I'm just trying to make sure I have everything ready before I start the process.
0 coins
Nick Kravitz
•I had a very similar experience! The medical clearance letter was the main thing they needed. I also brought documentation showing my last day of work before disability and the letter from my employer about the position elimination, but they didn't even ask for those. The online application process was pretty straightforward once I had the clearance letter. Just be prepared for the first payment to take a few weeks to process - that's normal. Don't let the waiting period stress you out!
0 coins
Fernanda Marquez
I'm dealing with a similar situation right now - just got cleared to return to work after 3 months on disability for a knee surgery, but my employer says they had to eliminate several positions due to budget cuts. Reading through everyone's responses here is really helpful! It sounds like the main thing is having that medical clearance documentation ready when filing. Has anyone had experience with how long the whole approval process typically takes once you submit everything to NYS Department of Labor?
0 coins
CosmicCaptain
•From my experience, the approval process usually takes about 2-3 weeks once you submit everything. NYS Department of Labor has to verify your employment history and the circumstances of your job loss, which can add some time. The good news is that if you're approved, your benefits will be backdated to when you first filed, so you won't lose out on any payments during the processing time. Just make sure to keep filing your weekly certifications even while waiting for approval - that's really important!
0 coins
Emma Wilson
I'm actually going through this exact situation right now too! Just finished 5 months on short-term disability for a herniated disc, got medical clearance last Friday, but found out yesterday that my department was "downsized" while I was out. It's so stressful but reading everyone's experiences here is giving me hope. I'm planning to file my unemployment claim tomorrow morning. Does anyone know if there's a specific timeframe after getting medical clearance that I need to file by, or should I just do it as soon as possible? Also wondering if I should mention in my application that my position was eliminated while I was on approved medical leave - seems like that might actually help my case based on what Andre mentioned earlier.
0 coins
FireflyDreams
•You should definitely file as soon as possible - there's no specific deadline after getting medical clearance, but the sooner you file, the sooner your benefits can start. And yes, absolutely mention that your position was eliminated while you were on approved medical leave! That actually strengthens your case because it shows the job loss was completely beyond your control. I went through something similar last year and including those details in my application seemed to help with the approval process. Make sure you have your medical clearance letter ready and any documentation from your employer about the position elimination. Good luck with your filing tomorrow!
0 coins
Jackson Carter
I'm currently in a very similar situation - was on short-term disability for 6 weeks due to a work-related injury, got cleared by my doctor to return to work last Monday, but my supervisor informed me that my role was eliminated as part of company-wide layoffs that happened while I was out. I filed for unemployment with NYS Department of Labor on Wednesday and wanted to share what I learned from the process. The online application was pretty straightforward, and they did ask specifically about my ability to work (which I confirmed with my medical clearance) and the circumstances of my job separation. I made sure to explain that my position was eliminated while I was on approved medical leave, not due to any performance issues. The rep I spoke with said this type of situation is actually quite common and shouldn't cause any problems with eligibility as long as I'm medically cleared and actively seeking work. Still waiting to hear back on approval, but feeling optimistic based on everyone's experiences here!
0 coins
Ezra Bates
•Thanks for sharing your experience Jackson! It's really helpful to hear from someone who just went through the filing process. I'm curious - when you explained that your position was eliminated while on medical leave, did you provide any specific documentation from your employer about the layoffs, or was your explanation sufficient? I'm in almost the exact same boat and want to make sure I include everything needed when I file. Also, did they give you any timeline for when you might hear back about approval?
0 coins