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.