Can you get unemployment for alcoholism treatment in NY - NYS Department of Labor eligibility?
I've been struggling with alcohol addiction for years and finally decided to get serious help. My employer terminated me last week after I missed several days due to drinking episodes, but they said it was for attendance issues not specifically alcoholism. I'm planning to enter a 30-day inpatient treatment program next month. Does anyone know if NYS Department of Labor considers alcoholism a valid reason for unemployment benefits? I heard there might be protections under disability laws but I'm confused about how this works with UI claims. Has anyone been through this situation before?
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Madison Allen
The key factor for NYS Department of Labor is whether you were terminated for misconduct or not. If your employer coded it as attendance issues rather than substance abuse, you might have a case. However, you'll need to be able and available for work to collect benefits. Being in inpatient treatment could complicate this requirement since you wouldn't be available for job searches during that period.
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Katherine Harris
•So even if I qualify initially, I'd have to stop filing weekly claims while in treatment? That seems like it defeats the purpose of having income during recovery.
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Joshua Wood
i think you can get benefits but not while your in the actual treatment center because you cant look for work. my cousin had this issue with rehab and unemployment
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Justin Evans
NYS Department of Labor has specific rules about this. If alcoholism is considered a disability and you were terminated due to the effects of that disability (not willful misconduct), you may qualify. The tricky part is the 'able and available' requirement. You'll need to contact NYS Department of Labor directly to discuss your specific situation, especially regarding the treatment timeline. I've seen people struggle to get through to them though - the phone lines are always jammed.
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Emily Parker
•I had a similar issue trying to reach NYS Department of Labor about my claim complications. After weeks of busy signals, I found this service called Claimyr that actually got me through to a real agent. You can check it out at claimyr.com - they even have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. It was a lifesaver for getting my adjudication issues resolved.
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Ezra Collins
THE SYSTEM IS SO MESSED UP! They want you to get help but then penalize you for actually getting treatment. I was denied benefits when I went to rehab because I couldn't prove I was available for work. It's like they want people to stay sick rather than get better.
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Victoria Scott
•That's really frustrating but unfortunately that's how the system works with the availability requirement.
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Benjamin Johnson
You should definitely file the claim regardless. Let NYS Department of Labor make the determination rather than assuming you won't qualify. Document everything about your termination and make sure you understand exactly what reason your employer gave. If they said attendance rather than substance abuse, that could work in your favor for the misconduct determination.
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Katherine Harris
Thanks everyone. Sounds like I should file the initial claim but expect complications during the treatment period. At least if I get approved initially, maybe I can resume benefits after completing the program when I'm actively job searching again.
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Mei Lin
I went through something similar last year. The key is how your employer coded the termination - since they said "attendance issues" rather than misconduct related to substance abuse, you have a better shot at getting approved initially. I was able to collect benefits before entering treatment, but had to stop filing while in the 30-day program since I couldn't meet the job search requirements. Once I completed treatment and was actively looking for work again, I resumed my claim without issues. The NYS Department of Labor was actually pretty understanding about the gap once I explained it was for medical treatment. Make sure to keep all your treatment documentation - it helped when I had to explain the interruption in my claim.
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Paolo Esposito
•That's really helpful to hear from someone who actually went through this process! Did you have to do anything special to restart your claim after treatment, or was it pretty straightforward once you contacted them? I'm worried about potential delays or having to reapply from scratch.
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