NYS Department of Labor claim denied - HR manager needs help with ADA accommodation appeal
I'm an HR manager and I've been dealing with my own unemployment claim nightmare for the past 6 weeks. I was laid off from my corporate position in December due to restructuring, and now NYS Department of Labor denied my claim saying I'm "able and available" when I clearly indicated I need reasonable accommodations for my disability. I've been in HR for 12 years and I know the ADA requirements, but the unemployment system seems to operate in a completely different world. My weekly claims keep getting rejected and when I call to explain my situation, they just tell me to file an appeal. Has anyone successfully navigated this with a disability accommodation? I'm worried they don't understand that needing accommodations doesn't mean I'm not able to work.
9 comments
Join the conversation
Melody Miles
The NYS Department of Labor adjudication process for disability cases can be really complex. You'll need to document your specific accommodation needs and how they don't prevent you from working. For the appeal, gather medical documentation that shows you can work with reasonable accommodations. The key is proving you're available for suitable work, not all work. Did you check the box for 'able and available with limitations' on your weekly claims?
0 coins
Jace Caspullo
•I think I may have checked the wrong box initially. I was marking 'able and available' thinking that was correct since I can work with accommodations. Should I be selecting something else on my weekly certification?
0 coins
Nathaniel Mikhaylov
ugh the system is so confusing about this stuff!! i had a similar issue last year where they kept denying me because of my anxiety accommodations. took forever to get someone on the phone who actually understood what reasonable accommodations means
0 coins
Eva St. Cyr
•If you're having trouble reaching NYS Department of Labor by phone, you might want to try Claimyr at claimyr.com - they help people get through to actual agents instead of dealing with the busy signals. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth it for getting your accommodation situation sorted out properly.
0 coins
Kristian Bishop
Wait I'm confused - if you need accommodations doesn't that mean you can't do all jobs? How does that work with the job search requirements? I'm dealing with something similar but wasn't sure if I should even mention my disability stuff to NYS Department of Labor.
0 coins
Melody Miles
•You're still required to search for suitable work that you can perform with reasonable accommodations. The key is documenting your job search efforts for positions that match your abilities and accommodation needs. Don't hide your disability - just frame it correctly in terms of what you CAN do with accommodations.
0 coins
Kaitlyn Otto
As someone who's been through this exact situation, you need to be very specific in your appeal about what accommodations you need and how they're reasonable. Include examples of jobs you're qualified for that would provide those accommodations. The hearing officer needs to understand you're not unemployable, just need standard workplace modifications.
0 coins
Jace Caspullo
•That's really helpful. Did you have to get a lawyer for your appeal hearing or were you able to handle it yourself? I'm wondering if my HR background will help or if I should get professional representation.
0 coins
Axel Far
THE WHOLE SYSTEM IS A JOKE! They deny people left and right for disability stuff because they don't want to pay out benefits. I've seen so many cases where people get denied initially just to make them give up and not appeal. It's discrimination plain and simple but they hide behind their bureaucratic processes.
0 coins