Can you get unemployment while on disability - NYS Department of Labor rules?

This is a tricky situation but yes, you can potentially qualify for unemployment benefits while having some disability restrictions. The key is that you must be able and available for work - even if it's work with accommodations. NYS Department of Labor looks at whether you can perform some type of work, not necessarily your previous job. When you file your claim, you'll need to indicate that you're able to work with restrictions and actively seeking employment that fits your limitations. Make sure to document your job search efforts for positions that accommodate your restrictions.

I went through something similar last year. The important thing is you need to be genuinely looking for work you can actually do. I had to keep a detailed job search log showing I was applying for positions that fit my medical restrictions. NYS Department of Labor may require documentation from your doctor about what type of work you can perform. Also, if you're receiving any ongoing disability payments, you need to report that income when you file your weekly claims.

Wait, this doesn't sound right to me. If you're on disability doesn't that mean you CAN'T work? How can you be available for work if you're disabled? This seems like double dipping to me.

If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I had success using a service called Claimyr (claimyr.com) to actually reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful for getting clarification on my complicated claim situation when I couldn't get through the regular phone lines.

just file and see what happens, worst case they say no

I'm in a similar boat but with anxiety issues. My therapist says I can work but only certain environments. This whole system is so confusing and I'm worried I'll mess something up and get in trouble. What if they think I'm trying to fraud the system?

I actually work as a vocational rehabilitation counselor and deal with these situations regularly. The key distinction is between "totally disabled" and "partially disabled with restrictions." If you can perform any type of work - even with accommodations - you may be eligible for unemployment benefits. NYS Department of Labor will evaluate whether you're "able and available" for work within your limitations. Make sure to get a detailed functional capacity evaluation from your doctor that specifies what you CAN do, not just what you can't. When you file, be completely transparent about your restrictions and emphasize your willingness to work within those parameters. Keep detailed records of your job search efforts focusing on positions that match your capabilities.

I've been following this thread and wanted to share my experience from last year. I was in almost the exact same situation - injured at work, went on short-term disability, then my employer couldn't accommodate my lifting restrictions when I was cleared to return with limitations. I successfully collected unemployment while having work restrictions. The key things that helped me: 1) I got a detailed letter from my doctor outlining exactly what I could and couldn't do (like "can lift up to 20 lbs, no repetitive bending, can stand/walk for 4 hours max"), 2) I documented every job application for positions that fit my restrictions, and 3) I was completely honest on my unemployment application about having limitations. NYS DOL did call me for a phone interview about 3 weeks after I filed, but once I explained I was actively seeking work within my medical restrictions, they approved my claim. The process took about 5 weeks total. Don't let anyone tell you this is "double dipping" - if you can work and are looking for work, you deserve benefits while you search for a job that accommodates your needs.