< Back to New York Unemployment

Emily Jackson

Does disability affect unemployment benefits with NYS Department of Labor?

I'm really confused about how having a disability impacts my unemployment claim with NYS Department of Labor. I've been receiving UI benefits for about 6 weeks now, but I also have a documented disability that sometimes affects my ability to work certain jobs. When I do my weekly claims, there's always that question about being able and available for work. I answer yes because I can work with reasonable accommodations, but I'm worried NYS Department of Labor might think I'm not eligible because of my disability status. Has anyone else dealt with this situation? I don't want to mess up my claim but I also don't want to lie on my weekly certification.

Having a disability doesn't automatically disqualify you from unemployment benefits. The key is that you need to be able and available for work with reasonable accommodations. NYS Department of Labor follows ADA guidelines, so as long as you can perform suitable work with accommodations, you should be fine. Make sure you're documenting your job search efforts and include positions where you could work with accommodations.

0 coins

Thank you! That's reassuring. Should I mention my disability status when I'm doing job searches or just focus on jobs I can do?

0 coins

i had similar situation last year. as long as ur not claiming total disability and can work some jobs ur fine. just keep doing ur weekly claims honestly

0 coins

You're right to be careful about this. The 'able and available' requirement is crucial for UI eligibility. If you can work with reasonable accommodations, that counts as being able and available. However, if your disability prevents you from working entirely, you might be better suited for disability benefits instead of unemployment. The important thing is being honest on your weekly certifications about your work capacity.

0 coins

Wait, can you get both disability and unemployment at the same time? I thought it was one or the other?

0 coins

Generally no, you can't receive both simultaneously because unemployment requires you to be available for work while disability benefits typically indicate you can't work. There are some rare exceptions but it's complicated.

0 coins

The NYS Department of Labor system is so confusing about this stuff! I've been trying to call them for weeks to get clarification on a similar issue but can never get through. It's like they don't want to help people understand the rules.

0 coins

I had the same problem trying to reach NYS Department of Labor by phone - it's nearly impossible. I actually found this service called Claimyr that helped me get through to an actual agent. You can check it out at claimyr.com and they have a demo video at https://youtu.be/qyftW-mnTNI. It made a huge difference when I needed to clarify my eligibility questions.

0 coins

Really? I'll have to look into that. I'm getting desperate trying to get answers about my claim status.

0 coins

Just want to add that when you're doing your job search log for NYS Department of Labor, make sure you're applying to jobs that accommodate your disability. They can't fault you for having limitations as long as you're genuinely seeking work within your capabilities. Keep good records of your applications and any accommodations you've requested from employers.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today