Can you file for unemployment while on short term disability in New York?
I'm currently receiving short term disability benefits through my employer's insurance plan after a work injury last month. My doctor says I won't be cleared to return to work for another 6-8 weeks. A coworker mentioned I might be able to file for unemployment benefits too since I'm not working, but I'm not sure if that's allowed while getting disability payments. Has anyone dealt with this situation before? I don't want to mess up either benefit by filing incorrectly.
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Marilyn Dixon
You generally cannot collect unemployment while receiving short term disability because you have to certify that you're able and available for work when filing your weekly claims. If you're on disability, you're essentially saying you're unable to work, which contradicts the unemployment requirement. However, there might be exceptions depending on your specific situation - you should contact NYS Department of Labor directly to discuss your case.
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Dominique Adams
•That makes sense about the able and available requirement. I was worried about that conflict. Do you know if there's a specific number to call at NYS Department of Labor for these kinds of questions?
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Louisa Ramirez
I tried this exact thing two years ago when I was on short term disability for surgery. NYS Department of Labor told me I couldn't file because I had to certify weekly that I was ready to accept work immediately if offered. Since I was medically restricted and couldn't work, I didn't qualify. You might want to wait until your doctor clears you to return to work before filing your UI claim.
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TommyKapitz
•Did you end up filing once you were cleared to work? I'm curious if there were any issues with the timing.
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Louisa Ramirez
•Yeah I filed as soon as I got medical clearance. No problems at all - just had to explain the gap in my work history during the initial claim process.
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Angel Campbell
Wait, this is confusing because I know someone who was collecting both at the same time last year. Maybe it depends on the type of disability or if your employer laid you off while you were out? There's definitely some gray area here that needs clarification from NYS Department of Labor.
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Marilyn Dixon
•Your friend might have been in a different situation - like if they were laid off while on disability, or if they were receiving partial disability and could still work limited hours. The rules can vary based on the specific circumstances.
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Payton Black
I had a nightmare trying to get through to NYS Department of Labor about a similar question. Spent hours on hold just to get disconnected. If you need to talk to someone there about your specific situation, I'd recommend checking out claimyr.com - they help you get connected to actual agents without the endless hold times. There's even a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when I needed to resolve my claim issues.
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Dominique Adams
•Thanks for the suggestion! The phone situation with NYS Department of Labor is definitely frustrating. I'll check that out if I can't get answers through their regular channels.
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Harold Oh
honestly the whole system is ridiculous... you're injured, can't work, and they make it impossible to get any help figuring out what benefits you can actually get. typical government bureaucracy making things harder than they need to be
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Lucas Parker
I went through something similar last year. The key thing to understand is that unemployment and short-term disability have conflicting eligibility requirements. For unemployment, you must certify weekly that you're "able, available, and actively seeking work." But if you're receiving STD benefits, you're medically certified as unable to work. NYS DOL won't approve both simultaneously in most cases. However, once your doctor clears you to return to work but your employer doesn't have a position available (or if you were terminated while on disability), then you could potentially file for unemployment. I'd suggest waiting until you're medically cleared, then file if you still don't have work to return to. Document everything with your doctor and employer in case you need to explain the timeline later.
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StarStrider
•This is really helpful, thank you Lucas! So just to make sure I understand - even though I can't file for unemployment right now while on STD, I should still be documenting everything in case my employer doesn't have my position available when I'm cleared to return? That's a good point I hadn't thought about. My HR department has been pretty vague about whether my job will still be there in 6-8 weeks.
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