Can you file for unemployment and disability benefits at the same time in NY?
I'm dealing with a complicated situation and not sure what my options are. I got injured at work about 6 weeks ago and my doctor says I need surgery on my shoulder. My employer is saying they can't hold my position much longer since I can't do my usual duties. I've been getting workers comp but it's not covering all my expenses. Someone told me I might be able to file for both unemployment and disability benefits but I'm confused about whether that's even legal? Has anyone been in a similar situation with NYS Department of Labor? I don't want to mess up my workers comp claim but I really need more income coming in.
10 comments


Emily Jackson
This is actually a complex area and the answer depends on your specific circumstances. Generally, you cannot collect unemployment and disability benefits simultaneously because unemployment requires you to be able and available for work, while disability benefits are for when you cannot work. However, there are some exceptions. If you're partially disabled and can do certain types of work, you might qualify for unemployment while also receiving disability payments. You should contact NYS Department of Labor directly to discuss your situation.
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Andre Laurent
•Thanks for the info. Do you know if I need to wait until my workers comp case is resolved before filing for anything else? I'm worried about creating conflicts between different benefit programs.
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Liam Mendez
I think you can file for both but not collect both at the same time??? My cousin had something similar happen last year and she had to choose which one to take. The unemployment office told her she could switch between them if her medical situation changed.
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Sophia Nguyen
•That's not quite right. You can't just switch back and forth between programs. Each has specific eligibility requirements that must be met. If someone is receiving disability benefits, they would need to be cleared by their doctor to return to work before they could qualify for unemployment benefits.
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Jacob Smithson
I was in a similar boat trying to get through to NYS Department of Labor about benefit conflicts. Spent hours on hold and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that gets you connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it so much easier to get my questions answered about overlapping benefits. Worth checking out if you're having trouble getting through to someone who can explain your specific situation.
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Andre Laurent
•I'll definitely look into that. I've been trying to call for days with no luck. Did they help you figure out which benefits you were eligible for?
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Jacob Smithson
•Yeah they connected me to someone who could walk through my whole situation. Turns out I was making it more complicated than it needed to be. The agent explained exactly what I qualified for and what steps to take.
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Isabella Brown
The whole system is set up to confuse people! They make you jump through hoops and half the time different offices give you different answers. I spent months trying to sort out benefit conflicts after my accident and nobody could give me a straight answer about what I was allowed to collect.
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Maya Patel
•I feel you on that. The bureaucracy is insane. But at least now there are ways to actually talk to someone instead of getting stuck in phone tree hell forever.
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Aiden Rodríguez
just wanted to say good luck with your surgery! shoulder injuries are no joke. hope you get the benefits sorted out soon
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