Can you get NYS Department of Labor unemployment if you are on disability benefits?
I've been receiving SSDI for the past two years but I've been doing some part-time work within the allowed limits. My employer just laid me off due to budget cuts and I'm wondering if I can file for unemployment benefits through NYS Department of Labor while still getting my disability payments? I know there are work requirements for UI but I'm not sure how that works when you're also on SSDI. Has anyone been in this situation before?
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Zoe Christodoulou
Yes, you can potentially collect both SSDI and unemployment benefits in New York, but there are some important considerations. The key issue is that unemployment requires you to be 'able and available' for work, which can seem contradictory to disability benefits. However, if you can demonstrate that you're capable of performing some type of work (which your part-time employment history shows), NYS Department of Labor may approve your claim. You'll need to actively search for jobs within your physical limitations and be available to accept suitable work.
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Andre Moreau
•Thanks for the detailed response! So I would still need to do the weekly job search requirements even with my disability limitations? How does that work practically?
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Jamal Thompson
i was on disability and got unemployment last year when my part time job ended. the trick is being honest about your work restrictions but showing you can still do SOME kind of work. took a while to get approved though because they had to review everything
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Andre Moreau
•How long did the adjudication process take for your claim? I'm worried about the delay since I need the income.
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Mei Chen
The most important thing is documenting your work capacity clearly when you file your initial claim. NYS Department of Labor will likely put your claim into adjudication to review the disability/unemployment overlap. Make sure you have documentation from your doctor about what types of work you can perform, and keep records of your job search efforts that align with your capabilities. You can search for remote work, part-time positions, or jobs that accommodate your specific limitations.
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CosmicCadet
•This is really helpful. Should they mention the SSDI on their initial application or wait until NYS Department of Labor asks about it?
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Mei Chen
•Always be upfront about it. Trying to hide disability benefits can lead to overpayment issues later. NYS Department of Labor has access to various databases and will likely discover it anyway during their review process.
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Liam O'Connor
I had a nightmare trying to reach NYS Department of Labor when my claim got stuck in adjudication for this exact reason. Spent weeks calling and getting nowhere. Finally used a service called Claimyr (claimyr.com) that actually got me through to a real person who could explain what additional documentation they needed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to navigate the phone system myself.
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Amara Adeyemi
•Never heard of that service but honestly anything is better than sitting on hold for hours just to get disconnected
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Giovanni Gallo
The whole system is so confusing!! Like how are you supposed to be available for work if you're disabled? Makes no sense to me. But I guess if you were working before then maybe it's different?
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Zoe Christodoulou
•It can be confusing, but the key distinction is between 'totally disabled' and 'disabled but able to work in some capacity.' SSDI allows for trial work periods and substantial gainful activity, which shows you can perform some work. That's what makes you potentially eligible for unemployment when that work ends.
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