Can you go from unemployment to disability while receiving NYS Department of Labor benefits?
I've been getting unemployment benefits through NYS Department of Labor for about 8 weeks now but my back injury from my last job has gotten much worse. My doctor is saying I might need to apply for disability instead. Can I transition from UI benefits to disability without losing everything? Do I need to stop filing my weekly claims with NYS Department of Labor first or can I apply for both at the same time? Really stressed about this because I can't afford to have no income while waiting for disability to get approved.
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MoonlightSonata
You can't receive both unemployment and disability benefits simultaneously because they have conflicting requirements. For UI benefits, you must be able and available for work, while disability benefits are for when you can't work. You'll need to choose one path. If you apply for disability, you should stop certifying for unemployment benefits immediately to avoid overpayment issues with NYS Department of Labor.
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Zara Khan
•So if I stop my weekly claims now and disability gets denied, I can't go back to unemployment? That's terrifying.
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Mateo Gonzalez
been through this exact situation last year!! you absolutely cannot get both at same time. i made the mistake of filing for both and NYS Department of Labor came after me for overpayment. had to pay back like $2800. if your really disabled then go for disability but know it takes MONTHS to get approved
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Zara Khan
•Oh no, how long did it take for your disability to get approved? And were you able to survive financially during the wait?
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Mateo Gonzalez
•took 7 months and i had to move back in with family. honestly the worst time of my life financially
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Nia Williams
The key issue here is the 'able and available' requirement for unemployment. If your doctor is documenting that you're disabled and unable to work, you're technically not eligible for UI benefits anyway. You should consult with both NYS Department of Labor and Social Security Administration about the proper transition timing. Some people are able to get retroactive disability payments that cover the gap period.
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Luca Ricci
This happened to my sister and she had such a hard time getting through to anyone at NYS Department of Labor to explain her situation properly. She kept getting conflicting information from different representatives about whether she needed to formally close her claim or just stop certifying. If you're having trouble reaching them, I recently found out about this service called Claimyr (claimyr.com) that helps people get through to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out since you need clear guidance on the transition process.
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Zara Khan
•Thanks for the tip! I've been trying to call for days and either get busy signals or get disconnected after waiting forever.
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Aisha Mohammed
why is the system so messed up that you have to choose between eating and following the rules?? like if someone gets hurt they should be able to get help without jumping through hoops. the whole thing is designed to screw people over
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Ethan Campbell
•I feel this so much. The bureaucracy is insane.
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Yuki Watanabe
One thing to consider is whether your condition might improve enough to return to work. If there's a chance your back could get better with treatment, you might want to continue with unemployment while pursuing medical care. But if doctors are saying it's a permanent disability, then yes, you'll need to transition. Just document everything carefully and keep all medical records.
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