Can you draw unemployment while on social security - NYS Department of Labor rules?
I'm 63 and started collecting social security disability last year but I was laid off from my part-time job two months ago. Can I still file for unemployment benefits with NYS Department of Labor while getting SSDI? My friend says it's not allowed but I thought I read somewhere that you can get both. Has anyone been in this situation? I really need the unemployment to help with bills since my disability check doesn't cover everything.
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Jasmine Quinn
Yes, you can receive both SSDI and unemployment benefits in New York! The key thing is that when you file your weekly claims with NYS Department of Labor, you need to report that you're able and available for work. SSDI doesn't automatically disqualify you from UI benefits - they're administered by different agencies with different criteria. Just make sure you're honest about your work capacity on your weekly certification.
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Victoria Charity
•That's a relief! So I should go ahead and file my initial claim through the my.ny.gov portal? Do I need to mention the SSDI anywhere in the application?
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Oscar Murphy
my sister gets both and has for like 8 months now, no issues with nys department of labor at all
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Nora Bennett
There's an important distinction here though - if you're on Social Security RETIREMENT benefits vs DISABILITY benefits. With SSDI, you can work part-time (up to substantial gainful activity limits) so unemployment is usually fine. But if you're getting retirement benefits and over full retirement age, there might be different considerations. The NYS Department of Labor adjudication process will review your specific situation when you file.
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Victoria Charity
•I'm on SSDI not retirement benefits, so sounds like I should be okay then?
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Nora Bennett
•Right, SSDI is different. You should be fine to file for unemployment. Just be prepared to explain your work capacity if they ask during adjudication.
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Ryan Andre
WAIT this doesn't sound right to me?? How can you be disabled but also able and available for work? That seems contradictory. The NYS Department of Labor is going to catch this inconsistency and probably disqualify your claim. I'd be really careful about this.
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Jasmine Quinn
•SSDI has different criteria than unemployment. You can be disabled for your previous job but still able to do other types of work. Many people with disabilities work part-time. The 'able and available' requirement for UI just means you can perform some type of work, not necessarily your previous job.
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Ryan Andre
•I guess that makes sense but seems like it could get complicated real fast with all the paperwork and documentation
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Lauren Zeb
I've been trying to get through to NYS Department of Labor for weeks about my claim status and can never reach anyone! The phone lines are always busy and I keep getting disconnected. Has anyone found a way to actually talk to a real person there? I need to ask about my specific situation with other benefits.
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Daniel Washington
•I had the same problem until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents by phone. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I finally got my adjudication questions answered after weeks of trying on my own.
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Lauren Zeb
•Thanks I'll definitely check that out! Getting through to them has been impossible.
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Aurora Lacasse
Just wanted to add that you'll still need to do the job search requirements even while on SSDI. NYS Department of Labor requires three work search contacts per week unless you're on standby status. Make sure you keep your job search log updated when you file your weekly claims.
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Derek Olson
I just went through this exact situation last year! I'm on SSDI and was able to collect unemployment when I lost my part-time job. The NYS Department of Labor did ask me to explain how I could be available for work while on disability during my phone interview, but I explained that my disability allows me to work part-time with accommodations. They approved my claim without any issues. Just be honest about your work limitations when you file - they understand that SSDI recipients can often still work in some capacity. Good luck!
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