Can you collect unemployment if you are retired - NYS Department of Labor eligibility question
I'm 67 and officially retired from my company last month after 35 years, but I'm realizing I need some income and want to work part-time. My question is whether I can file for unemployment benefits while looking for a new job, or does being 'retired' disqualify me automatically? I know I'd have to meet the job search requirements and be available for work, but I'm not sure if NYS Department of Labor considers retirement status when determining eligibility. Has anyone been in this situation before?
21 comments


Benjamin Carter
Being retired doesn't automatically disqualify you from unemployment benefits in New York. The key factors NYS Department of Labor looks at are: 1) You must be able and available for work, 2) You must be actively seeking employment, and 3) You must have lost your job through no fault of your own. If you voluntarily retired, that might be considered leaving work voluntarily, which could affect your eligibility. However, if you're now ready and willing to work again, you may still qualify.
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Evelyn Martinez
•Thanks for the info! So even though I chose to retire, if I'm now actively looking for work and available, I might still be eligible? I definitely meet the work history requirements since I worked for decades.
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Maya Lewis
I think you might have issues because you voluntarily left your job. When I applied for UI benefits last year, they asked specifically why I left my last job and voluntary retirement might count against you during adjudication.
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Isaac Wright
•That's not necessarily true. NYS Department of Labor evaluates each case individually. If someone retired but then becomes available and actively seeking work again, they can potentially qualify. The 'voluntary leaving' rules are more about people who quit to avoid work, not people who retired but later decided they want to return to the workforce.
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Lucy Taylor
ugh the whole system is so confusing! i tried calling nys department of labor about my claim last week and was on hold for 2 hours before getting disconnected. good luck getting a straight answer from them about retirement stuff
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Connor Murphy
•I had the same problem trying to reach someone at NYS Department of Labor about my adjudication issues. Someone on here mentioned using claimyr.com to get through to an actual agent - apparently they have some system that helps you skip the phone queue. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I haven't tried it yet but might be worth checking out if you need to speak to someone about your specific retirement situation.
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KhalilStar
Wait, are you collecting Social Security? Because I think there might be rules about collecting both unemployment and Social Security at the same time. I remember reading something about that but can't remember the details.
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Benjamin Carter
•In New York, receiving Social Security retirement benefits doesn't disqualify you from unemployment benefits. However, if you're receiving a pension from your former employer, that might affect your weekly benefit amount. NYS Department of Labor will ask about all income sources during the application process.
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Evelyn Martinez
•I am getting Social Security but no pension from my company. Good to know that won't automatically disqualify me. I think I'll apply and see what happens during the adjudication process.
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Amelia Dietrich
Just apply and let them decide. I've seen stranger situations get approved by NYS Department of Labor.
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Kristin Frank
I went through something similar last year when I "retired" at 65 but then realized I needed to keep working. The key thing is how you frame it when you apply - don't say you're retired, say you're available and actively seeking work. When I filed my claim, I explained that my employment ended and I'm now looking for new opportunities. NYS Department of Labor approved my claim after the standard adjudication process. Just make sure you're genuinely available for work and meeting all the job search requirements. The fact that you worked for 35 years definitely helps establish your work history eligibility.
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Amara Oluwaseyi
•That's really helpful advice about how to frame it during the application process! I think you're right that focusing on being available and actively seeking work rather than the "retirement" label is key. Did you have any issues during the adjudication process, or was it pretty straightforward once you explained your situation? I'm hoping my long work history will help too.
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Freya Christensen
•@Kristin Frank This is exactly what I needed to hear! Your experience gives me hope that it s'possible. When you say you explained that your employment ended - did you mention retirement at all during the application, or did you completely avoid using that term? I m'worried about being dishonest but also don t'want to hurt my chances by using the wrong language. How long did your adjudication process take?
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Sophia Carson
•@Kristin Frank Thanks for sharing your experience! I m'in a very similar situation - officially retired but realizing I need to get back to work. Your point about framing it as employment "ended rather" than focusing on retirement makes a lot of sense. Did you have to provide any documentation about why your employment ended, or were they satisfied with your explanation during the phone interview? I m'also curious if you faced any challenges with the job search requirements given your age - some employers seem hesitant to hire older workers, which makes me wonder how NYS Department of Labor views that aspect of availability for work.
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Jamal Thompson
•@Kristin Frank This is so encouraging to hear! I m'62 and in a somewhat similar boat - took an early retirement package but now realize I need to work again. Your advice about focusing on availability rather than the retirement aspect is spot on. I m'curious - when you were doing your weekly certifications, did you run into any issues with the work search requirements? I m'worried about having to prove I m'genuinely looking for work when some employers might see my age or recent retirement as red flags. Also, did NYS Department of Labor ask for any documentation from your former employer about your separation, or was your explanation during the phone interview sufficient?
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Diego Vargas
•@Kristin Frank This is really valuable insight! I m'in a similar situation - 64 and took what I thought was permanent retirement but circumstances have changed. Your approach of emphasizing current availability rather than past retirement status makes perfect sense. I m'wondering about the practical side of things - when you were meeting the work search requirements, did you find that employers were receptive to hiring someone who had recently been retired? I m'concerned about potential age discrimination making it harder to demonstrate genuine job search efforts to NYS Department of Labor. Also, did they require any specific documentation from your former employer about your separation, or was your verbal explanation during the adjudication interview sufficient?
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Debra Bai
I'm dealing with a very similar situation right now! I'm 63 and officially retired 3 months ago, but medical bills are piling up and I need to find some part-time work. From what I've researched, the most important thing is being honest about your current situation - that you're able, available, and actively seeking work. The retirement itself might complicate things initially, but if you can demonstrate that you're genuinely looking for employment and meet all the other requirements, you should have a shot. I'd recommend applying online and being prepared to explain your circumstances clearly during the phone interview. The worst they can say is no, and then at least you'll know for sure. Keep us posted on how it goes - your experience could really help others in similar situations!
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Yara Campbell
•@Debra Bai I m'so sorry to hear about your medical bills - that s'exactly the kind of unexpected expense that can turn retirement plans upside down. Your advice about being honest during the process is really important. I think you re'right that the key is demonstrating current availability rather than getting hung up on the retirement label. Have you started the application process yet, or are you still in the research phase? I m'leaning toward just applying and seeing what happens during adjudication. Even if they initially deny it, there s'always the appeal process. Please keep us updated on your experience too - it sounds like there are several of us in similar boats!
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Abigail bergen
I'm 69 and went through this exact situation about 6 months ago. I had "retired" from my job of 30 years but then realized I needed income. The key thing that helped me was being very clear during my application that I was currently able, available, and actively seeking work. I didn't dwell on the retirement aspect - I focused on my current employment status and job search activities. NYS Department of Labor did ask during my phone interview why I left my last job, and I explained that while I had initially planned to retire, my circumstances changed and I was now actively looking for work again. They approved my claim after about 3 weeks of adjudication. The job search requirements are the same regardless of age - you need to make at least 3 job contacts per week and keep detailed records. I'd suggest applying sooner rather than later since the process can take time, and you can always withdraw your claim if you find work quickly. Good luck!
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Carmen Diaz
•@Abigail bergen This is incredibly helpful - thank you for sharing your experience! It s'so reassuring to hear from someone who actually went through this process successfully. Your point about focusing on current employment status rather than dwelling on the retirement aspect is excellent advice. I m'curious about one thing - when you were doing your weekly job search activities, did you find that your age or previous retirement created any challenges with employers? I m'wondering if NYS Department of Labor takes into account potential age discrimination when evaluating whether someone is genuinely available for work. Also, did they require any documentation from your former employer during the adjudication process? I m'planning to apply next week and want to be prepared for any questions they might ask.
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Maggie Martinez
I'm in a somewhat similar situation at 65 - took early retirement but now need to return to work due to unexpected expenses. From everything I've read and the experiences shared here, it seems like the key is demonstrating that you're genuinely available and actively seeking work right now, regardless of your previous retirement status. NYS Department of Labor appears to evaluate each case individually during the adjudication process. I'd recommend keeping detailed records of your job search activities from day one, since you'll need to document at least 3 job contacts per week. The stories from @Kristin Frank and @Abigail bergen are really encouraging - it shows that people in our age group who've "unretired" can successfully navigate this process. I think your 35 years of work history will definitely work in your favor when establishing eligibility. Have you considered reaching out to any age-friendly employers or temp agencies that might be more open to hiring older workers? That could help strengthen your case that you're truly available for work.
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