Can you get unemployment and disability benefits at same time in NY?
My wife was laid off from her job at a hotel in March and has been getting unemployment benefits through NYS Department of Labor. Last month she hurt her back pretty badly and her doctor says she might need surgery. She applied for disability benefits but we're worried that NYS Department of Labor will cut off her unemployment if they find out. Can you collect both unemployment and disability at the same time in New York? We really need both right now to pay our bills.
12 comments
Join the conversation
Ezra Collins
Unfortunately, you generally cannot receive both unemployment and disability benefits simultaneously in New York. Unemployment benefits require you to be able and available for work, while disability benefits are for when you cannot work due to a medical condition. These requirements directly contradict each other. Your wife will need to choose one or the other.
0 coins
Emily Parker
•That's what I was afraid of. So if she goes on disability, does she have to stop filing her weekly claims with NYS Department of Labor completely?
0 coins
Victoria Scott
yeah this happened to my brother last year, he had to pick one. the disability pays less but lasts longer if you really cant work
0 coins
Benjamin Johnson
There might be some exceptions depending on the type of disability and whether it's temporary or permanent. If it's a temporary disability and she expects to return to work soon, she might be able to suspend her unemployment claim rather than completely stop it. I'd recommend calling NYS Department of Labor directly to discuss her specific situation, but getting through can be really frustrating with their phone system.
0 coins
Zara Perez
•I actually had luck reaching NYS Department of Labor agents recently using this service called Claimyr (claimyr.com). They basically call for you and get you connected to an actual person. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on when I needed to resolve my adjudication issue.
0 coins
Daniel Rogers
Wait, I'm confused about this too! I thought if you're on short-term disability you could still look for work that accommodates your condition? My unemployment caseworker never explained this clearly when I asked about my knee problems.
0 coins
Ezra Collins
•Short-term disability and unemployment have different 'able and available' requirements. For unemployment, you must be able to perform the work you're seeking. If your medical condition prevents you from doing your usual type of work, you'd likely be ineligible for unemployment benefits even if you could theoretically do some other type of work.
0 coins
Aaliyah Reed
The whole system is ridiculous honestly. Like you get hurt at work and then you're punished for it by losing your unemployment. Makes no sense!!
0 coins
Ella Russell
I went through something similar when I was getting unemployment after my restaurant closed down, then I broke my wrist in a car accident. Had to choose between the two and went with disability since the doctor said I'd be out for at least 3 months. You definitely can't double dip though.
0 coins
Emily Parker
•How did you handle the transition? Did you have to pay anything back to NYS Department of Labor?
0 coins
DeShawn Washington
•No, I didn't have to pay anything back as long as I reported the disability right away and stopped filing weekly claims. The key is being honest about it - if you try to hide the disability and keep collecting unemployment, that's when you get into trouble with overpayments and penalties. I called them the day I got the doctor's note saying I couldn't work and they put a note on my account. When I was cleared to return to work 4 months later, I was able to reopen my unemployment claim for the remaining weeks I had left.
0 coins
Zoe Alexopoulos
I'm dealing with a similar situation right now. My understanding is that you need to report any changes in your ability to work immediately to avoid overpayments. The NYS Department of Labor website has a section about reporting changes to your claim - they're pretty strict about the "able and available" requirement. If your wife's doctor says she needs surgery and can't work, she should probably contact them ASAP to discuss suspending her unemployment claim while she applies for disability. It's better to be upfront about it than risk having to pay back benefits later.
0 coins