Can you file for disability and unemployment at the same time with NYS Department of Labor?
I'm dealing with a work injury that happened in December and my doctor says I might be out for another 2-3 months. My workers comp claim is still being processed and I'm not getting any payments yet. A friend told me I might be able to get unemployment benefits while waiting for disability approval but I'm confused about whether this is even legal? Has anyone been in this situation with NYS Department of Labor? I don't want to mess up either claim by filing for both.
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Lara Woods
This is actually a common question and the answer is complicated. Generally speaking, you cannot collect unemployment and disability benefits simultaneously in NY because unemployment requires you to be able and available for work, while disability means you're unable to work. However, there are some specific circumstances where you might qualify for one while waiting for the other to be processed.
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Oliver Alexander
•So if I'm waiting for workers comp to approve my claim, I can't file for unemployment in the meantime? That doesn't seem fair since I'm not getting any income.
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Adrian Hughes
You need to be very careful here because filing false claims can get you in serious trouble. If you're truly unable to work due to your injury, then you don't meet the 'able and available' requirement for unemployment. But if your doctor clears you for light duty work and your employer can't accommodate that, then you might have a case for unemployment while your disability claim processes.
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Molly Chambers
•This happened to my brother last year. He was cleared for desk work but his construction company had no office positions available. NYS Department of Labor approved his unemployment claim even though he had restrictions.
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Ian Armstrong
ugh the whole system is so confusing!! why cant they just make it simple - if you're not working and not getting paid you should get SOMETHING. I've been going in circles with different agencies for weeks trying to figure out what I'm entitled to
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Adrian Hughes
•I know it's frustrating but there are legal reasons for these requirements. The programs serve different purposes - unemployment is for people who lost jobs through no fault of their own and can work, disability is for people who can't work due to medical conditions.
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Eli Butler
I had a similar situation and ended up using Claimyr to get through to an actual NYS Department of Labor agent who could explain my specific situation. The website is claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Cost me way less than the weeks I spent trying to call on my own and getting nowhere. The agent was able to tell me exactly what documentation I needed and whether my partial work clearance qualified me for benefits.
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Oliver Alexander
•How long did it take to get connected? I've been trying to call for two weeks and either get busy signals or get disconnected after waiting on hold.
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Eli Butler
•It was pretty quick, like within a day or two. Way better than the endless calling I was doing before. The agent actually spent time explaining the difference between being 'unable to work' versus 'unable to perform your regular job duties' which was key for my situation.
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Marcus Patterson
The key thing is being honest about your work capacity when you file. If you can do some type of work even with restrictions, mention that in your application. Don't try to game the system by claiming you're totally disabled for one program and totally able for another - they do cross-reference these things.
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Lydia Bailey
•exactly this!! my cousin got in huge trouble for trying to collect both at the same time without disclosing it properly
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Natasha Ivanova
I went through something similar with a back injury from my job at a warehouse. What really helped me was getting a clear letter from my doctor that specified exactly what I could and couldn't do - like "can sit for 4 hours with breaks, no lifting over 10 lbs, no standing for extended periods." With that documentation, I was able to apply for unemployment because even though I couldn't do my regular warehouse job, I could potentially do office work or other seated positions. The NYS Department of Labor representative told me that as long as I was actively seeking work within my restrictions and my employer couldn't accommodate those restrictions, I qualified for benefits while my workers comp case was pending. Just make sure you're completely transparent about your limitations when you file - don't hide your injury but also don't oversell your disability if you can actually work in some capacity.
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Nia Thompson
•This is really helpful! I never thought about getting such a detailed letter from my doctor. Mine just wrote "unable to work" which probably isn't specific enough. Did you have any trouble finding employers who would consider hiring someone with those kinds of restrictions? I'm worried that even if I qualify for unemployment, nobody will want to hire me with all these limitations and then I'll get in trouble for not genuinely looking for work.
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