Can you file for unemployment if you are on disability - NYS Department of Labor eligibility question
I've been receiving disability benefits for the past 8 months but my condition has improved enough that my doctor says I can return to part-time work. My employer laid me off permanently while I was out on disability leave. Now I'm wondering if I can file for unemployment benefits with NYS Department of Labor while still getting disability payments? I'm really confused about whether this is even allowed or if there are special rules. Has anyone dealt with this situation before?
11 comments
Join the conversation
Joshua Wood
This is actually a complex situation that depends on the type of disability benefits you're receiving. If you're getting Social Security Disability (SSDI), you generally can't collect unemployment at the same time because SSDI requires you to be unable to work, while unemployment requires you to be able and available for work. However, if you're on short-term disability through your employer or private insurance, the rules might be different. You'll need to contact NYS Department of Labor directly to discuss your specific circumstances.
0 coins
Madison Allen
•Thank you! It's short-term disability through my employer's insurance, not SSDI. Do you think that makes a difference for unemployment eligibility?
0 coins
Justin Evans
I had something similar happen last year. The key thing NYS Department of Labor looks at is whether you're able and available for work right now. If your doctor cleared you for part-time work, you might be eligible for unemployment but you'd need to register for work search and be actively looking for jobs. You'll probably need documentation from your doctor about your work capacity. The disability payments from your employer's insurance shouldn't automatically disqualify you from UI benefits.
0 coins
Emily Parker
•Wait, can you really get both at the same time? That seems like double dipping to me...
0 coins
Justin Evans
•It's not double dipping if they're from different sources and you meet the eligibility requirements for both. Employer disability insurance and unemployment serve different purposes.
0 coins
Ezra Collins
Getting through to NYS Department of Labor on the phone is nearly impossible these days. I've been trying to get answers about my own claim for weeks. If you need to speak with someone urgently about this disability/unemployment question, I recently found this service called Claimyr (claimyr.com) that helps you get through to actual NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out since your situation needs personalized guidance.
0 coins
Madison Allen
•Thanks for the suggestion! I'll definitely look into that since I really need to talk to someone who knows the exact rules.
0 coins
Victoria Scott
ugh the whole system is so confusing!! why cant they just make it simple to understand what you can and cant do when your on disability?? i hate having to navigate all this bureaucracy when your already dealing with health issues
0 coins
Benjamin Johnson
•I totally feel your frustration. The rules really should be clearer, especially for people dealing with health challenges.
0 coins
Zara Perez
Make sure you report any disability payments when you file your weekly claim if you do end up being eligible. NYS Department of Labor needs to know about all income sources, even if they don't affect your benefit amount. Being upfront about everything will save you headaches later if they do an audit of your claim.
0 coins
Jacob Smithson
•This is really important advice! I didn't even think about the reporting requirements. Do you know if there's a specific form or section where you report disability payments, or is it just in the general income reporting part of the weekly claim?
0 coins