Can you get unemployment if you are disabled - NYS Department of Labor eligibility question
I have a disability that affects my mobility but I'm still able to work in many positions, especially remote ones. I was laid off from my customer service job last month and I'm wondering if I can still qualify for unemployment benefits through NYS Department of Labor even though I'm disabled? I've heard conflicting information about whether having a disability affects your eligibility. I'm definitely able and available to work, just need accommodations for some positions. Has anyone else dealt with this situation?
14 comments


Andre Laurent
Yes, you can absolutely qualify for unemployment benefits with a disability! The key requirement is that you must be able and available for work, which it sounds like you are. NYS Department of Labor doesn't discriminate based on disability status. When you file your weekly claims, you'll need to certify that you're able and available for work and actively seeking employment. Your disability doesn't disqualify you as long as you can perform some type of work with or without reasonable accommodations.
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MidnightRider
•Thank you so much! That's exactly what I needed to hear. I was worried they might automatically deny me because of my disability.
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Zoe Papadopoulos
I went through this same situation two years ago. The important thing is how you answer the weekly claim questions. When they ask if you're able and available for work, you need to answer yes if you truly are. During your job search, focus on positions you can actually perform. NYS Department of Labor may ask for documentation about your work capacity if there are any questions, but having a disability itself isn't grounds for denial.
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Jamal Washington
•Did they ever ask you for medical documentation or anything like that?
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Zoe Papadopoulos
•No, they never asked for medical docs. As long as you're consistently certifying that you're able and available and doing your job searches, you should be fine.
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Mei Wong
Just make sure you understand the job search requirements. You still need to apply for work and keep a log of your job search activities. Focus on jobs you can actually do with your accommodations. Remote work is great for this - there are tons of customer service and other remote positions that might be perfect for your situation.
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Liam Fitzgerald
Wait I'm confused... if someone has a disability that prevents them from doing certain jobs, how can they say they're available for work? Doesn't that make them not available?
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Andre Laurent
•No, 'able and available' means you can perform SOME work, not ALL work. Even people without disabilities can't do every single job that exists. As long as there are jobs in the labor market that you can perform with or without accommodations, you meet the requirement.
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PixelWarrior
I had trouble getting through to NYS Department of Labor when I had questions about this exact issue. Kept getting disconnected or put on hold forever. Eventually found this service called Claimyr (claimyr.com) that helped me actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it so much easier to get my questions answered directly from an agent instead of guessing.
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MidnightRider
•That sounds really helpful! I've been dreading having to call them if I run into issues.
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Amara Adebayo
good luck with everything! the system can be frustrating but you have every right to benefits if you meet the requirements
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Mohammed Khan
I'm in a similar situation - have a chronic condition that limits some of my abilities but I can definitely still work with the right accommodations. From what I've researched, the ADA actually protects people with disabilities in the unemployment system too. The key is being honest about what you CAN do rather than focusing on what you can't. When you file your claims, emphasize your availability for remote work, flexible positions, etc. Document your job search efforts focusing on realistic opportunities. Your disability doesn't define your work capacity - your skills and willingness to work do!
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NeonNomad
•This is such great advice! I really appreciate how you framed it - focusing on what I CAN do rather than limitations. That mindset shift is really helpful. I've been so worried about disclosure and how to handle the accommodation conversation, but you're right that my skills and work ethic are what matter most. Thanks for the encouragement!
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Sophia Long
I work in HR and deal with unemployment claims regularly. One thing that might help is knowing that NYS Department of Labor has specific guidance on this - they follow federal ADA guidelines which means they can't discriminate based on disability status. When you file, be prepared to clearly articulate what types of work you can perform and what accommodations you might need. Keep records of your job search activities and focus on positions that align with your capabilities. Remote customer service roles are actually in high demand right now, so your background plus remote work flexibility could work in your favor. Don't let anyone discourage you from applying - you have the same right to benefits as anyone else who meets the eligibility requirements!
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