Can you file for unemployment while on disability in NY?
I've been on short-term disability through my employer for the past 6 weeks due to a back injury. My disability benefits are about to run out but my doctor says I still can't return to my regular job duties yet. I'm wondering if I can file for NYS Department of Labor unemployment benefits while I'm still technically on disability? My HR department wasn't very clear about this and I don't want to mess anything up. Has anyone been in this situation before?
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Hunter Edmunds
This is actually a common question and the answer depends on your specific circumstances. To qualify for unemployment benefits in NY, you need to be able and available for work. If you're still on disability and unable to work, you typically can't collect unemployment at the same time. However, once your doctor clears you to return to work (even with restrictions), you may be eligible to file if your employer can't accommodate those restrictions.
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Jade O'Malley
•That makes sense. My doctor thinks I'll be cleared for light duty work in about 2 weeks. Should I wait until then to apply?
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Ella Lewis
I had something similar happen last year. You can't collect both at the same time - it's one or the other. When my disability ran out, I had to wait until my doctor said I could work before filing with NYS Department of Labor. They actually ask about this on the application.
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Andrew Pinnock
•Did they make you provide medical documentation when you filed? I'm worried about having to prove I'm able to work.
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Brianna Schmidt
The key requirement is being 'able and available' for work. If you're medically cleared for any type of work (even part-time or light duty) and your current employer can't provide that, you can file for unemployment. Just make sure you have documentation from your doctor stating what work you can perform. The NYS Department of Labor will want to verify this during your claim review.
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Jade O'Malley
•Thank you! This is really helpful. I'll talk to my doctor about getting a clear statement about what work I can do.
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Alexis Renard
honestly the whole system is confusing... i was out on workers comp for months and when that ended i couldn't figure out if i could get UI or not. ended up calling the NYS Department of Labor like 50 times before someone actually explained it to me properly
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Camila Jordan
•Getting through to NYS Department of Labor by phone is such a nightmare. If you're having trouble reaching them, I actually used this service called Claimyr (claimyr.com) that helped me get connected to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to call over and over.
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Tyler Lefleur
Just want to add that timing matters here too. Don't let too much time pass between when your disability ends and when you file for unemployment. There are specific timeframes you need to follow, and delays can affect your claim approval.
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Logan Scott
I went through this exact situation about 8 months ago with a knee injury. The most important thing is that you absolutely cannot collect both disability and unemployment simultaneously - it's considered fraud. You need medical clearance stating you're able to work before you can file for UI benefits. What worked for me was getting a detailed letter from my doctor specifying exactly what I could and couldn't do (like no lifting over 20 lbs, no standing for more than 2 hours, etc.). Then when my employer couldn't accommodate those restrictions, I was able to file for unemployment. Just make sure you keep all your medical documentation organized because NYS Department of Labor will likely request it during the review process.
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StarStrider
•This is exactly the kind of detailed advice I was looking for! Thank you for sharing your experience. Did you have any issues with the timing between when your disability ended and when you filed for unemployment? I'm worried about any gaps in coverage while I'm waiting for my doctor to clear me for work.
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