Can you collect unemployment and disability at the same time in NY?
I've been out of work for 6 weeks now due to a back injury from my warehouse job. My doctor says I can do light desk work but not the heavy lifting my old job required. I'm getting short term disability payments from my employer's insurance but they're only covering about 60% of my salary. Since I can work in a different capacity, would I be able to file for unemployment benefits through NYS Department of Labor to make up some of the difference? Or do you have to choose one or the other? Really struggling to pay my bills right now.
11 comments
Join the conversation
Sergio Neal
This is actually a complex situation that depends on your specific circumstances. Generally, to receive UI benefits you need to be able and available for work. If you're receiving disability payments because you're unable to work, that could disqualify you from unemployment. However, if your doctor has cleared you for light duty work and you're actively seeking employment that matches your current physical restrictions, you might be eligible. You'll need to report your disability income when filing your weekly claims.
0 coins
Leslie Parker
•Thanks for explaining that. My doctor did give me a note saying I can do sedentary work up to 6 hours per day. Would that be enough for NYS Department of Labor to consider me available for work?
0 coins
Savanna Franklin
i collected both for like 3 months last year when i hurt my shoulder but could still do office work. you just have to report the disability payments as income on your weekly certification. it might reduce your UI amount but you can still get something
0 coins
Juan Moreno
You need to be very careful here because this can create issues with both programs. When you file for unemployment, you're certifying that you're able to work and actively seeking employment. When you receive disability benefits, you're typically certified as unable to perform your regular job duties. The key is whether you can demonstrate that you're able and available for work within your medical restrictions. I'd recommend calling NYS Department of Labor directly to discuss your specific situation before filing a claim. You don't want to create an overpayment situation down the road.
0 coins
Amy Fleming
•Good luck getting through to anyone at NYS Department of Labor on the phone! I've been trying for weeks about my own claim issues. Have you tried using that Claimyr service? Someone mentioned it helps you actually reach a human agent. There's a video demo at https://youtu.be/qyftW-mnTNI and the site is claimyr.com. Might be worth checking out if you need to speak to someone quickly about this disability/UI question.
0 coins
Alice Pierce
Wait I'm confused - if you're getting disability doesn't that mean you CAN'T work? How can you be available for work and disabled at the same time?? This sounds like trying to double dip to me
0 coins
Sergio Neal
•Not all disabilities prevent someone from working entirely. In this case, they can't do heavy lifting but can perform desk work. It's about being available for work you can physically do, not necessarily your previous job.
0 coins
Esteban Tate
I went through something similar when I was recovering from surgery. The NYS Department of Labor will want documentation from your doctor about your work restrictions. Make sure you have clear medical documentation stating what type of work you CAN do, not just what you can't do. Also keep detailed records of your job search efforts focusing on positions within your physical limitations. The adjudication process can take a while if they need to review your medical situation.
0 coins
Ivanna St. Pierre
honestly the whole system is so frustrating... i had to deal with this same thing and nobody could give me a straight answer. ended up just picking one program because i was scared of getting in trouble
0 coins
Leslie Parker
•Which one did you choose? I really need both if possible since the disability payments aren't enough to cover my expenses.
0 coins
Carmen Reyes
I work for a disability advocacy organization and see this question come up frequently. The key distinction is between "total disability" and "partial disability." If you're receiving short-term disability for a specific injury but your doctor has cleared you for modified work duties, you may qualify for both programs simultaneously. However, you must be completely transparent with both agencies. When filing for unemployment, you'll need to indicate your work restrictions and show you're actively seeking jobs within those limitations. The disability payments will likely reduce your UI benefit amount dollar-for-dollar, but you could still come out ahead financially. Document everything - your doctor's work capacity evaluation, job applications for suitable positions, and all communications with both agencies. Consider consulting with a benefits attorney if you're unsure, as incorrect reporting could result in overpayment demands later.
0 coins