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?
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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.
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Ethan Wilson
AuthorThat'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?
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Carmen Flores
same thing happened to my brother last year, he got unemployment no problem after his disability ended
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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.
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CyberSamurai
Wait, is there something sketchy about them eliminating his position while he was on disability? That seems suspicious to me.
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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.
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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.
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Ethan Wilson
AuthorThanks for the tip! I'll definitely check that out if I can't get through the regular way.
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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.
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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!
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