Can you get unemployment while getting disability benefits in New York?
I'm really confused about this situation. I've been receiving disability payments from Social Security for about 8 months now, but my condition has improved enough that I think I could work part-time or certain types of jobs. My doctor says I'm making progress but still has restrictions on what I can do. I heard from someone that you might be able to collect unemployment while on disability in some cases, but I'm not sure if that's true or how it would work with NYS Department of Labor. Has anyone been in this situation? I don't want to mess up my disability benefits but I also want to get back to work if possible.
23 comments


Freya Andersen
This is actually a complex situation that depends on the type of disability you're receiving and your specific circumstances. For NYS Department of Labor unemployment benefits, you need to be 'able and available' for work. If you're on SSDI and can prove you're able to work (even with restrictions), you might be eligible for UI benefits. However, if you're on SSI, it's much more complicated because of income limits. You'll need to report any unemployment benefits to Social Security immediately. The key is demonstrating that you can perform some type of work despite your disability.
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Ravi Patel
•I'm on SSDI, not SSI. So you're saying it might be possible? Do I need to get documentation from my doctor about what work I can do?
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Omar Zaki
yeah i think you can but its really tricky with all the rules. my cousin was on disability and tried to get unemployment but they made her jump through a million hoops to prove she could actually work. the nys department of labor wanted all kinds of medical records and stuff
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Ravi Patel
•Did she end up getting approved? What kind of documentation did they ask for?
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CosmicCrusader
You'll need to file a work capability assessment with NYS Department of Labor when you apply. The main thing they're looking for is whether you can perform substantial gainful activity despite your disability. Keep in mind that if you're found capable of working for unemployment purposes, Social Security might review your disability case. Document everything with your doctors about your current limitations and capabilities. Also be prepared for potential adjudication - this type of case often requires manual review.
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Ravi Patel
•That's exactly what I'm worried about - triggering a review of my disability case. Is there a way to find out beforehand if it's worth the risk?
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Chloe Robinson
honestly the whole system is so frustrating when you're dealing with multiple agencies. i spent weeks trying to get through to someone at nys department of labor who could actually explain this properly. finally used claimyr.com to get connected to an actual agent who knew about disability/unemployment overlap cases. they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. saved me from playing phone tag for another month.
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Ravi Patel
•Thanks for the tip! I've been dreading having to call and wait on hold forever. Did the agent give you clear guidance about the documentation needed?
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Diego Flores
THE SYSTEM IS BROKEN! They make it impossible for people with disabilities to navigate this maze. You shouldn't have to choose between getting help and risking your benefits. I've seen people lose their disability because they tried to be honest about wanting to work again. It's like they punish you for trying to improve your situation!
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Freya Andersen
•I understand the frustration, but there are protections in place. The Ticket to Work program specifically helps people transition back to employment without immediately losing benefits. It's worth looking into if you're considering returning to work.
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Anastasia Kozlov
Wait, I'm confused - if you're on disability doesn't that mean you CAN'T work? How can you be available for work for unemployment if you're disabled? This doesn't make sense to me. Aren't these two things contradictory?
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Freya Andersen
•Not necessarily! Disability benefits have different standards than unemployment. You can be disabled from your previous job but still able to do other types of work. Many disabilities are partial or have good days/bad days. The 'able and available' requirement for unemployment can be met even with work restrictions.
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Ava Kim
I was in a similar situation last year! I'm also on SSDI and was able to get unemployment benefits while looking for part-time work that accommodated my limitations. The key thing is being completely transparent with both agencies. When I applied for unemployment, I had to provide detailed medical documentation about what types of work I could do despite my disability. NYS DOL was actually pretty reasonable once I explained my situation properly. Yes, there's always a risk of triggering a disability review, but as long as you're honest about your capabilities and limitations, you should be okay. The Ticket to Work program that someone mentioned is definitely worth looking into too - it provides some protection while you transition back to work. Don't let fear stop you from trying to improve your situation!
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Grace Johnson
•Thank you so much for sharing your experience! It's really encouraging to hear from someone who actually went through this process successfully. Can I ask what specific medical documentation you provided to NYS DOL? I have my doctor's records showing my limitations and progress, but I want to make sure I'm including everything they'll need. Also, how long did the whole process take from application to approval? I'm trying to prepare myself for what might be a lengthy wait.
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Miguel Castro
•@18d44134dd88 This is incredibly helpful to hear from someone who actually succeeded with this! I'm the original poster and have been feeling pretty overwhelmed by all the conflicting information. Could you share more details about the medical documentation process? My doctor has been supportive about my progress, but I want to make sure I frame everything correctly when I apply. Also, did you work with any advocates or disability attorneys during the process, or were you able to navigate it on your own? I'm trying to decide if I need professional help or if I can handle this myself with the right preparation.
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Lia Quinn
•@18d44134dd88 This gives me so much hope! I'm the original poster and your success story is exactly what I needed to hear. Could you tell me more about how you handled the timing? Did you apply for unemployment while already on SSDI, or did you wait until you felt more ready to work? I'm worried about the coordination between the two systems - like, do you report your unemployment benefits to Social Security monthly, or how does that work? Also, did NYS DOL require any specific forms from your doctor, or was it more general medical records? I have a follow-up appointment next week and want to ask for the right documentation. Thanks so much for sharing your experience - it's really helping me feel less scared about this whole process.
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Ethan Clark
•@18d44134dd88 Your story is really encouraging! I'm dealing with a chronic condition that has good and bad days, so I've been hesitant to even consider this option. When you say you were "completely transparent," did you mention your disability status upfront in your unemployment application, or did it come up during the eligibility interview? I'm worried about being automatically disqualified if I check the wrong box or phrase something incorrectly. Also, how did you handle job search requirements while having work limitations? Did NYS DOL modify your work search obligations based on your restrictions? I want to make sure I understand the full picture before I take this step. Thanks for giving those of us in similar situations some real hope that this is actually possible!
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Sean O'Brien
•@18d44134dd88 This is such a relief to hear! I'm actually the original poster (Ravi) and your experience gives me real hope. I've been so worried about making the wrong move and jeopardizing my SSDI benefits. Can you tell me more about how you presented your case to NYS DOL? Did you emphasize that you were looking for specific types of work that fit your limitations, or did you apply more generally and then explain during the process? I'm also curious about timing - how soon after getting your medical documentation together did you apply? My doctor has been documenting my progress, but I want to make sure the paperwork clearly shows I can work within certain parameters. Really appreciate you taking the time to share your success story - it's exactly what I needed to hear!
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Payton Black
•@18d44134dd88 This is so helpful to read! I'm actually in a very similar boat - I've been on SSDI for about 6 months due to a back injury, but my physical therapy has been going really well and my doctor thinks I could handle desk work or other sedentary jobs. I've been terrified to even explore unemployment because I was worried it would automatically trigger a review of my disability case. Your success story gives me courage to at least look into it more seriously. Quick question - when you were approved for unemployment, did you have to commit to a specific number of job applications per week like regular claimants? I'm wondering if they adjust those requirements when you have documented work restrictions. Also, did Social Security give you any pushback when you reported the unemployment income? Thanks for being so open about your experience!
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Ellie Lopez
•@18d44134dd88 Thank you so much for sharing your experience! As someone new to this community, I've been researching this exact situation for a family member who's on SSDI but making progress with their condition. Your success story is incredibly encouraging. I'm curious about one specific aspect - when you mentioned being "completely transparent" with both agencies, did you find that NYS DOL workers were generally knowledgeable about disability/unemployment overlap cases, or did you have to educate them about the possibility? I've heard mixed things about whether local unemployment offices understand these nuanced situations. Also, did you end up needing to provide ongoing medical updates to maintain your unemployment eligibility, or was the initial documentation sufficient? Really appreciate you taking the time to help others navigate this complex process!
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Kaiya Rivera
•@18d44134dd88 This is incredibly reassuring to hear! I'm the original poster and have been going through all these responses feeling pretty overwhelmed. Your actual success with this process gives me so much hope. I'm particularly interested in how you handled the medical documentation piece - did your doctor need to use specific language about your work capabilities, or were general medical records sufficient? I have my next appointment with my doctor in two weeks and want to make sure I ask for the right documentation. Also, when you say you were transparent with both agencies, did you proactively reach out to Social Security to let them know you were applying for unemployment, or did you wait until you were approved? I'm trying to figure out the best order of operations here. Thanks so much for sharing your story - it's exactly what I needed to hear to feel confident about moving forward!
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Liv Park
I've been following this thread and wanted to add my perspective as someone who works with disability advocacy. The confusion about unemployment and disability eligibility is really common, and it stems from the fact that these programs use different definitions of "disability" and "ability to work." For SSDI, you're considered disabled if you can't perform substantial gainful activity at the level you did before. But for unemployment, you just need to be able and available for some type of work, even if it's different from your previous job or has accommodations. The key is having clear medical documentation that outlines exactly what you CAN do, not just what you can't do. I'd recommend getting a functional capacity evaluation from your doctor that specifies things like "can sit for 4 hours with breaks" or "can lift up to 10 pounds" rather than just "has back problems." This gives both agencies concrete information to work with and helps avoid the appearance of contradiction between being "disabled" and "able to work.
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Mia Roberts
•This is such valuable insight! As someone new to this community and dealing with this situation for the first time, the distinction between different definitions of "disability" really clarifies things. I hadn't thought about requesting a functional capacity evaluation specifically - that sounds like exactly what I need to bridge the gap between the two systems. When you mention getting documentation about what I CAN do rather than what I can't, that really resonates. My current medical records focus mostly on limitations and restrictions, but I can see how positive capability statements would be much more helpful for unemployment eligibility. Do you know if most doctors are familiar with functional capacity evaluations for this purpose, or is this something I might need to specifically request or explain? Also, would this type of evaluation typically be covered by insurance when it's for employment/benefits purposes rather than treatment? Thanks for sharing this professional perspective - it's helping me understand how to approach this strategically rather than just hoping for the best!
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