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.
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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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