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?
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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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