NYS Department of Labor - how to switch from unemployment to disability benefits properly
I've been collecting unemployment for about 8 weeks now but my back injury from work has gotten much worse and my doctor says I shouldn't be working at all for the next few months. I need to figure out how to switch from unemployment to disability benefits properly without messing anything up. Do I need to contact NYS Department of Labor first or apply for disability through the state disability office? I'm worried about creating problems with my UI claim if I don't do this right. Has anyone been through this transition before?
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Ella Cofer
You'll need to stop certifying for unemployment immediately once you're unable to work. NYS Department of Labor requires you to be able and available for work to collect UI benefits. For state disability benefits, you apply through the Workers' Compensation Board if it's work-related, or through private insurance/Social Security Disability if it's not. Make sure to notify NYS Department of Labor about the change in your status to avoid any overpayment issues later.
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Taylor To
•It is work-related so I should go through Workers' Comp? Do I need to officially close my UI claim or will they do that automatically when I stop filing weekly claims?
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Kevin Bell
I went through this exact same thing last year. You definitely want to contact NYS Department of Labor first and let them know you're no longer able to work. They'll put your claim on hold or close it depending on the situation. Don't just stop filing - that can cause problems. Then apply for whatever disability program applies to your situation.
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Savannah Glover
•This is good advice. I've seen people get in trouble for not properly notifying about status changes. Better to be upfront with NYS Department of Labor about the situation.
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Felix Grigori
Wait I'm confused - can you collect both unemployment and disability at the same time? I thought you had to pick one or the other since unemployment requires you to be looking for work.
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Ella Cofer
•No, you cannot collect both simultaneously. Unemployment requires you to be able and available for work, while disability benefits are for when you cannot work. They're mutually exclusive programs.
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Felicity Bud
I had a nightmare trying to get through to NYS Department of Labor to report my status change. Spent hours on hold just to get disconnected. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor within minutes. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Made the whole process so much easier than trying to call myself.
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Taylor To
•That sounds too good to be true but I'm desperate at this point. The phone system is impossible to navigate when you actually need to talk to someone.
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Max Reyes
just stop filing ur weekly claims and apply for disability thats what i did no problems
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Ella Cofer
•This is not good advice. Not properly notifying NYS Department of Labor about status changes can lead to overpayment demands later. Always follow proper procedures.
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Taylor Chen
I work for a disability advocacy organization and see cases like this frequently. Since your injury is work-related, you should definitely pursue Workers' Compensation benefits through the NYS Workers' Compensation Board, not regular state disability. The key steps are: 1) Contact NYS Department of Labor immediately to report that you can no longer work and request your UI claim be suspended/closed, 2) File a Workers' Comp claim with your employer and the Board as soon as possible, and 3) Get all medical documentation from your doctor supporting that you cannot work. Don't delay on any of these steps - Workers' Comp has strict reporting deadlines and continuing to collect UI while unable to work can create serious overpayment issues. The Workers' Comp Board website has all the forms you need to get started.
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Esteban Tate
•This is incredibly helpful information - thank you for breaking down the exact steps! I had no idea there were strict reporting deadlines for Workers' Comp. Do you happen to know how long I have to file the Workers' Comp claim after the injury occurred? My back injury happened about 3 months ago but it's gotten progressively worse. I'm worried I might have missed some deadline.
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