Can you get unemployment while waiting for disability decision in NY?

This is actually a pretty common question and the answer is complicated. In NY, you can potentially receive unemployment while waiting for a disability decision, but you have to meet the able and available requirements. The key is that when you file your weekly claim, you're certifying that you're ready and willing to work if suitable employment becomes available. Some people do this while their disability case is pending, especially if their condition might improve or if they could do some types of work with accommodations.

my friend did this last year while waiting for her disability approval. she had to keep certifying that she was looking for work and available but she was honest about her limitations when applying for jobs. it worked out for her until her disability got approved after like 8 months

Be very careful here because this can create problems down the road. If you're applying for disability, you're essentially saying you can't work, but if you're getting unemployment, you're saying you can work. The government agencies don't always communicate well but if there's ever an audit or review, you could be asked to pay back unemployment benefits. I'd suggest talking to someone at NYS Department of Labor about your specific situation before filing. You might want to try calling them directly, though I know that can be frustrating with their phone system.

honestly the whole system is messed up... you're stuck between a rock and a hard place. if you don't apply for unemployment you have no income, but if you do apply you might get in trouble later when disability reviews your case. it's like they want people to suffer while they wait for help. i've seen people wait 2+ years for disability decisions and what are they supposed to live on in the meantime??

I went through this exact situation about 3 years ago and it was really stressful trying to figure out what to do. What I learned is that technically you can collect unemployment while waiting for disability, but you need to be very careful about how you handle it. The key thing is being honest - when you certify for unemployment benefits, you're saying you're able to work in some capacity, even if it's with limitations. I documented everything carefully and made sure my job search efforts were genuine (looking for positions I could actually do given my health issues). It's definitely a gray area and I was always worried about potential conflicts, but I needed the income while waiting. My disability case took 14 months to resolve, so the unemployment really helped me get by. Just make sure you keep detailed records of everything in case questions come up later.