Can you get unemployment on disability - NYS Department of Labor rules?
I've been on SSDI for about 8 months now but my condition has improved enough that my doctor says I can work part-time. I'm looking for jobs but haven't found anything yet. Can I file for unemployment benefits while I'm still receiving disability payments? I'm confused about whether NYS Department of Labor allows this or if there's some rule against it. Has anyone been in this situation before?
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Joshua Wood
This is actually a complex situation. You CAN potentially receive both SSDI and unemployment benefits in New York, but you have to meet specific requirements. The key is that for unemployment, you must certify that you're able and available to work full-time. Since you mentioned part-time work, this could be an issue. You'll need to report your SSDI income when filing your weekly claims with NYS Department of Labor.
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Madison Allen
•Wait, so I have to be available for full-time work even though my doctor only cleared me for part-time? That doesn't make sense for my situation.
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Justin Evans
my cousin was on disability and got unemployment but it was a huge hassle with all the paperwork
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Emily Parker
The issue isn't necessarily that you CAN'T get both - it's about meeting the eligibility requirements for each program. For unemployment, NYS Department of Labor requires you to be able to work and actively seeking employment. For SSDI, you're essentially saying you can't work substantial gainful activity. You need to be very careful about how you present your work capacity to avoid issues with either program. I'd recommend contacting both agencies directly.
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Ezra Collins
•This is exactly why I've been putting off applying for unemployment. The whole thing seems like a contradiction and I don't want to mess up my disability benefits.
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Victoria Scott
•I had similar concerns when I was trying to get through to NYS Department of Labor about this exact question. Took me forever to reach someone who could give me a straight answer. Actually ended up using Claimyr (claimyr.com) to get connected to an agent faster - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to explain the specific requirements for my situation.
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Benjamin Johnson
ugh the government makes everything so complicated!! why cant they just have clear rules about this stuff instead of making us jump through hoops
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Zara Perez
I think the main thing is being honest about your work capacity. If you can work part-time, you might qualify for partial unemployment benefits depending on your earnings. But definitely report everything properly to avoid overpayment issues later.
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Madison Allen
•Good point about the overpayment thing. I definitely don't want to deal with having to pay money back later.
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Malia Ponder
I went through this exact situation last year! You definitely need to be careful about how you present your work capacity. What worked for me was getting a detailed letter from my doctor specifically outlining what type of work I could do and for how many hours. When I filed with NYS Department of Labor, I was upfront about my limitations but emphasized that I was genuinely seeking work within those parameters. The key is consistency - make sure what you tell unemployment matches what's in your medical records. Also, keep detailed records of your job search efforts because they may ask for proof that you're actively looking for suitable work.
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Giovanni Greco
•This is really helpful advice! The detailed doctor's letter sounds like a smart approach. Did you have any issues with NYS Department of Labor questioning the consistency between your disability status and unemployment eligibility? I'm worried they might see it as contradictory even with proper documentation.
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