Can you get short term disability and NYS Department of Labor unemployment at the same time?
I've been dealing with a back injury from work and my doctor says I'll need at least 6-8 weeks off. My employer's short term disability kicked in but only covers 60% of my pay. I'm wondering if I can also file for unemployment benefits through NYS Department of Labor to make up some of the difference? Has anyone been in this situation before? I don't want to mess up either benefit by applying for both.
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Simon White
Unfortunately, you can't collect both at the same time in New York. To qualify for unemployment benefits, you have to be able and available for work. If you're receiving short term disability, that means you're medically unable to work, which disqualifies you from UI benefits. The NYS Department of Labor considers these mutually exclusive.
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Geoff Richards
•That makes sense but really sucks financially. So I have to choose between the two?
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Hugo Kass
yeah i tried this last year when i had surgery and nys department of labor denied my claim immediately. they said being on disability means your not available for work so no unemployment
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Nasira Ibanez
The key issue is the 'able and available' requirement for unemployment. When you're on short term disability, you're certifying that you cannot work due to a medical condition. This directly conflicts with the unemployment requirement that you must be ready, willing, and able to accept suitable employment. If you try to file for both, you could face an overpayment situation later.
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Khalil Urso
•What if someone's disability ends but they still can't return to their original job? Can they switch from disability to unemployment then?
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Nasira Ibanez
•Yes, once your disability period ends and your doctor clears you as able to work, you can then apply for unemployment if your employer doesn't have work available for you. Just make sure there's no overlap in the benefit periods.
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Myles Regis
This is such a frustrating catch-22. You're injured so you can't work your regular job, but not injured enough to get full disability pay, but too injured to look for other work. The system really leaves people in a bind sometimes.
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Brian Downey
•Exactly! I was in this same spot and had to just survive on the 60% from short term disability. It was really tough.
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Simon White
If you're having trouble getting through to NYS Department of Labor to confirm this or ask about your specific situation, I found a service called Claimyr that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI and their site is claimyr.com. Saved me hours of calling and getting hung up on.
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Geoff Richards
•Thanks, I might need that if I have to deal with unemployment later when my disability period ends.
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Jacinda Yu
Wait, what about partial disability? Like if you can work limited hours?
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Nasira Ibanez
Even with partial disability, you'd need to be cleared by your doctor to work and actively seeking employment to qualify for unemployment. The partial disability payments might affect your unemployment calculation too. It gets complicated quickly - definitely worth talking to NYS Department of Labor directly about your specific medical restrictions.
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