Can you get unemployment if you are on social security - NYS Department of Labor eligibility question
I'm 63 and currently receiving social security retirement benefits but I was also working part-time until my employer laid me off last month. Can I still file for unemployment benefits with NYS Department of Labor while getting social security? I've heard conflicting information and don't want to mess up either benefit. Has anyone been in this situation before?
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Isaiah Sanders
Yes, you can collect both unemployment and social security retirement benefits in New York. The NYS Department of Labor doesn't consider social security as disqualifying income for UI eligibility. However, you still need to meet all the other requirements - be able and available for work, actively job searching, etc. Make sure you report your social security income when filing your weekly claims.
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Fidel Carson
•Thank you! Do I need to report the exact amount of my social security on the weekly claim form?
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Xan Dae
my mom went through this exact thing last year, she was getting both for about 6 months until she found another job
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Fiona Gallagher
The key thing is that you have to be genuinely looking for work. NYS Department of Labor will still require you to do job searches and be available for full-time employment. Some people think being on social security means you don't have to actively seek work, but that's not true. You'll need to log your job search activities just like any other claimant.
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Thais Soares
•Wait, so even if you're 63 and on social security you still have to apply for jobs? That seems crazy, who's going to hire someone that old?
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Fiona Gallagher
•Unfortunately yes, the work search requirement applies to all claimants regardless of age or other income sources. It's federal law that you must be able and available for work to receive unemployment benefits.
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Nalani Liu
I had trouble getting through to NYS Department of Labor when I had questions about this same situation. If you need to talk to someone directly about your specific case, I used a service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
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Fidel Carson
•Thanks for the tip! I've been trying to call for two days with no luck.
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Axel Bourke
Just make sure you understand that your unemployment benefits might be reduced based on your work history and wages. Since you were working part-time, your weekly benefit amount will be calculated on those earnings, not your social security amount.
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CosmicCaptain
I'm in a similar situation - 65 and collecting social security but was working part-time at a retail job until they cut hours completely. From what I've learned, you definitely can collect both, but be prepared for the paperwork. You'll need to report your social security income on your weekly certification, and yes, you still have to do the job search requirements even at our age. It feels a bit ridiculous sometimes, but that's the law. The good news is that your social security won't count against your unemployment eligibility, it's just something you have to disclose. Make sure you have all your employment records ready when you file - they'll want your last employer info, wages, etc. Good luck!
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Daniela Rossi
•This is really helpful to hear from someone in almost the exact same situation! I was worried about the job search requirement too - it does seem a bit odd at our age, but I guess I understand why they have to apply the rules equally. Did you find that employers were receptive when you explained you were collecting unemployment, or did you run into any issues with that? I'm wondering if I should be upfront about my situation during interviews or if that might hurt my chances.
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