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Omar Fawzi

Can you get unemployment and social security disability at the same time through NYS Department of Labor?

I'm really confused about this situation. My wife has been collecting SSDI for the past two years due to her chronic condition, but she's been wanting to try working part-time again. Her doctor said she could attempt some limited work activity. If she loses her part-time job, would she be eligible to file for unemployment benefits with NYS Department of Labor while still receiving her disability payments? I've heard conflicting information and don't want to mess up either benefit. Has anyone dealt with this before?

Chloe Wilson

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This is actually a complex situation that depends on several factors. Generally, to qualify for unemployment benefits through NYS Department of Labor, you must be able and available for work, which can conflict with disability determinations. However, if your wife is participating in Social Security's Ticket to Work program or trial work period, there might be some flexibility. She would need to demonstrate that she's genuinely able to work and actively seeking employment when filing her weekly claims.

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Omar Fawzi

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Thanks for the detailed response! She hasn't started the trial work period yet but was considering it. Do you know if NYS Department of Labor has specific guidelines about this situation?

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Diego Mendoza

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my brother went through something similar last year. He was on disability but tried working for a few months and when he got laid off he applied for UI. NYS Department of Labor made him go through adjudication to prove he was actually able to work despite being on disability. took like 6 weeks to get approved but he did eventually get benefits

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Omar Fawzi

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Six weeks of adjudication sounds nerve-wracking! Did he have to provide medical documentation to prove he was able to work?

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Diego Mendoza

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yeah he had to get a letter from his doctor saying he was cleared for work activities. also had to show he was genuinely looking for jobs during his weekly claims

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I had a nightmare trying to get through to NYS Department of Labor about a similar issue. Spent weeks calling and either getting busy signals or getting disconnected after waiting on hold. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my questions answered about disability and unemployment eligibility.

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StellarSurfer

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Never heard of that service before. Did it actually work for getting through to someone knowledgeable about these complex cases?

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Yes, it connected me to an agent who understood the nuances of working while on disability. Much better than the generic information on the website.

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Sean Kelly

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This whole system is so confusing!! Why can't they just have clear guidelines posted somewhere? I'm in a similar boat and every person I talk to gives me different information. Some say you can't collect both, others say it depends on your specific disability status. It's incredibly frustrating trying to navigate this bureaucratic maze.

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Chloe Wilson

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I understand the frustration. The complexity comes from the fact that unemployment and disability are managed by different agencies with different criteria. NYS Department of Labor focuses on ability to work, while Social Security focuses on inability to work substantial gainful activity.

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Zara Malik

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Just want to add that timing is really important here. If your wife decides to attempt work, she should notify Social Security immediately and keep detailed records of everything. When filing for unemployment, she'll need to be completely honest about her disability status during the application process. NYS Department of Labor will likely flag the case for review anyway.

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Omar Fawzi

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Good point about keeping records. Should she wait until after she starts working to contact Social Security, or notify them when she's just considering it?

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