Can you draw unemployment if you are on social security - NYS Department of Labor rules?
I'm 64 and currently receiving social security retirement benefits but I was also working part-time at a retail job until they laid me off last month. I'm wondering if I can still file for unemployment benefits with NYS Department of Labor even though I'm getting social security? I've been working and paying into the system for the past 3 years since I started collecting SS. Does anyone know if there are any restrictions or if they reduce your UI benefits because of the social security income?
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Sean O'Donnell
Yes, you can absolutely collect both unemployment and social security in New York! NYS Department of Labor doesn't consider social security as disqualifying income. Since you were working and paying into the unemployment system, you've earned those benefits. Your social security won't reduce your UI payments either - they're separate programs. Just make sure to report your social security income accurately when you file your weekly claims.
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Anastasia Sokolov
•That's such a relief! I was worried I'd have to choose between them. Do I report the social security on the weekly claim form where it asks about other income?
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Zara Ahmed
my dad went through this exact same thing last year, he was getting both no problem at all. the only thing is you still have to do the job search requirements even if youre on social security
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Anastasia Sokolov
•Good to know about the job search requirements - I wasn't sure if they'd waive that for people my age. How many job contacts do you need to do each week?
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StarStrider
I had trouble getting through to NYS Department of Labor when I had questions about this exact situation. Kept getting busy signals for weeks. Finally used this service called Claimyr that helped me get connected to an actual agent - check out claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent confirmed everything about collecting both benefits and helped me understand the reporting requirements.
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Anastasia Sokolov
•Thanks for the tip! I'll check that out if I run into issues reaching them. The phone lines are always so busy.
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Luca Esposito
Wait I thought there was some kind of offset? Like if you make too much from social security they reduce your unemployment? Or maybe that's a different state... this stuff gets so confusing with all the different rules
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Sean O'Donnell
•You might be thinking of other states or other benefit programs. In New York, social security retirement benefits don't offset unemployment benefits. The only income that typically affects UI is wages from work during your claim period.
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Nia Thompson
Just wanted to add that you'll still need to certify that you're able and available for work each week, even while getting social security. Some people think being on SS means you don't have to be available for work but that's not true for unemployment benefits. You need to show you're actively seeking employment and can accept suitable work if offered.
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