Can you collect unemployment while on disability in New York?
I'm really confused about this situation. I was laid off from my job at a warehouse in March, and I've been collecting unemployment benefits through NYS Department of Labor since then. Last month I injured my back pretty badly and my doctor put me on temporary disability. My disability insurance started paying but it's way less than what I was making. Can I still collect my weekly unemployment claims while I'm on this temporary disability? I'm able and available to work desk jobs or light duty positions, but my doctor says no heavy lifting for at least 6 weeks. I don't want to mess up my unemployment benefits by doing something wrong.
12 comments


Amara Adebayo
This is actually a complex situation that depends on your specific circumstances. Generally, to receive unemployment benefits from NYS Department of Labor, you must be able and available for work. However, if your disability is partial and you can still perform some types of work (like the desk jobs you mentioned), you might still qualify. You need to continue certifying that you're able and available for suitable work that accommodates your restrictions. The key is being honest about your limitations while actively seeking appropriate employment.
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PixelWarrior
•Thank you! So I should keep filing my weekly claims but mention that I can only do light duty work? I'm worried they'll think I'm trying to game the system.
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Giovanni Rossi
had something similar happen to me last year. was on workers comp but still filed my UI claims because i could do office work with my arm in a sling. nysdol approved it but they asked for documentation from my doctor about what kind of work i could do. just be upfront about everything
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PixelWarrior
•Did you have to report the disability payments when you filed your weekly claims? I'm not sure how to handle that part.
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Fatima Al-Mansour
You need to report all income including disability payments when you file your weekly unemployment claims. NYS Department of Labor will determine if your disability payments affect your benefit amount. The general rule is that you can receive both if you're able to work in some capacity, but the disability income might reduce your unemployment benefits dollar for dollar. I'd recommend calling NYS Department of Labor directly to discuss your specific situation, though getting through can be challenging with their call volume.
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Dylan Evans
•Good luck trying to get through to NYS Department of Labor on the phone! I've been trying for weeks about my own claim issues. If you really need to speak to someone, I recently found this service called Claimyr (claimyr.com) that helps you get connected to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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Sofia Gomez
Wait I'm confused... if you're on disability doesn't that mean you CAN'T work?? How can you be available for work and on disability at the same time? This doesn't make sense to me.
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Amara Adebayo
•There's a difference between total disability and partial disability. Many people can work with restrictions - like no heavy lifting, limited hours, or specific accommodations. As long as you can perform some type of work and are actively seeking employment within your limitations, you may still qualify for unemployment benefits.
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StormChaser
I think this is really tricky territory and you need to be super careful. The NYS Department of Labor takes able and available requirements seriously. If they find out you're receiving disability benefits and didn't properly report it, you could face an overpayment situation or even fraud charges. Document everything - your doctor's restrictions, your job search efforts for appropriate positions, all income reporting. Better to be overly transparent than risk issues later.
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Dmitry Petrov
Been there myself with a knee injury while unemployed. Key things: 1) Report the disability income on your weekly claims, 2) Make sure your job search focuses on positions you can actually do with your restrictions, 3) Keep all medical documentation, 4) Be honest when certifying for benefits. NYS Department of Labor processed mine without issues because I was upfront about everything from the start.
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Lukas Fitzgerald
This is a great question and you're smart to ask before potentially creating issues. I work in HR and deal with these situations regularly. The key distinction is between being "totally disabled" versus having work restrictions. Since you can perform desk work and light duty, you're not totally disabled from all work. You absolutely must report your disability payments when filing weekly claims - NYS Department of Labor will likely reduce your unemployment benefits by the amount of disability income you receive. Keep detailed records of your job search efforts focusing specifically on positions that accommodate your restrictions (administrative, customer service, data entry, etc.). Your doctor's note about light duty work will be important documentation. Many people successfully navigate this situation, but transparency with NYSDOL from the start is crucial to avoid overpayment issues down the road.
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Ava Kim
•This is really helpful advice, thank you! I've been worried about making a mistake that could cost me my benefits. Quick question - when you say NYS Department of Labor will "likely reduce" unemployment benefits by the disability amount, does that mean it's dollar-for-dollar? Like if I get $300/week in disability and $400/week in unemployment, would I only get $100 from unemployment? I want to make sure I understand how this works before I report everything.
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