NYS Department of Labor unemployment vs disability - which pays more?
I'm trying to figure out whether to apply for disability benefits or stick with my current unemployment claim through NYS Department of Labor. My back injury from my warehouse job is getting worse but I'm still technically able to work some jobs. The unemployment is giving me $450 a week but I'm wondering if disability would pay more. Has anyone been in this situation? I need to make the right choice for my family's finances but I'm totally confused about which option pays better.
16 comments


Ethan Wilson
You can't collect both at the same time - that's the first thing to understand. NYS Department of Labor unemployment requires you to be able and available for work, while disability benefits are for when you can't work. The payment amounts vary significantly. For unemployment, the maximum weekly benefit in NY is currently around $504, but disability through Social Security typically pays less per month than what you'd get from unemployment weekly. However, disability is longer term if approved.
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Aisha Rahman
•So if I'm getting $450 weekly from unemployment that's way better than disability payments? I had no idea there was such a difference.
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Yuki Sato
been on both at different times - unemployment definitely pays more per week but you only get 26 weeks max. disability takes forever to get approved (took me 18 months) and pays way less but it can last years if your condition qualifies. really depends on whether your back injury will keep you from working long term or not
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Aisha Rahman
•18 months?? That's crazy long. I can't wait that long without income. Maybe I should stick with unemployment for now.
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Carmen Flores
This is actually a complex decision that depends on your specific medical situation and work capacity. If you can perform any type of work, you should continue with NYS Department of Labor unemployment benefits. The key question is whether your back injury prevents you from performing substantial gainful activity. You might want to consult with a disability attorney for a proper evaluation, but generally speaking, unemployment will provide higher weekly payments in the short term.
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Andre Dubois
omg im in the exact same boat! hurt my shoulder at my retail job and been getting unemployment but now wondering about disability too. the whole system is so confusing and nobody at NYS Department of Labor explains anything clearly when you call
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CyberSamurai
•If you're having trouble getting through to NYS Department of Labor agents, you might want to check out claimyr.com - they help people actually connect with agents when the phone lines are jammed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it last month when I couldn't get through about my adjudication issue and actually talked to someone within an hour.
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Zoe Alexopoulos
here's the thing - if you apply for disability while getting unemployment you're basically saying two opposite things to the government. unemployment = i can work but no jobs available. disability = i cant work because of medical condition. they will find out and you could get in trouble for fraud
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Aisha Rahman
•Oh wow I didn't think about that contradiction. That's a really good point. I definitely don't want fraud issues on top of everything else.
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Jamal Carter
Whatever you do, don't stop your weekly claims with NYS Department of Labor until you're absolutely sure about disability. A bird in the hand is worth two in the bush, especially with how long disability takes to process. You're getting decent money now - $450 a week is nothing to sneeze at in this economy.
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Liam Fitzgerald
I went through something similar with a knee injury from construction work. One thing to consider is that if your back injury is getting worse, you might eventually end up unable to meet the "able and available to work" requirement for unemployment anyway. I'd suggest getting a thorough medical evaluation first - if a doctor says you can still do sedentary work or light duty, stick with unemployment since it pays better. But if they say your condition will likely worsen and prevent substantial work, then disability might be worth pursuing despite the lower payments and long wait times. Also, keep in mind that if you're denied disability initially (which happens a lot), you can appeal while potentially going back to unemployment if you're still within your benefit year.
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Oliver Fischer
•This is really helpful advice about getting the medical evaluation first. I think you're right that I need to know exactly what my limitations are before making this decision. My back has been getting progressively worse since the warehouse incident, and I'm worried I might not be able to keep up with the job search requirements for unemployment much longer anyway. Did you end up going the disability route with your knee injury, or were you able to find work that accommodated your limitations?
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Lydia Santiago
I'm dealing with a similar back issue from my job at a fulfillment center. One thing my worker's comp attorney mentioned is that you might also want to look into whether you qualify for temporary disability benefits through your state disability insurance (SDI) - it's different from Social Security disability and can sometimes bridge the gap. The payments are usually less than unemployment but the approval process is faster than SSDI. Also, if your injury is work-related, make sure you've filed a worker's comp claim too - those benefits can sometimes run alongside other programs. The whole system is definitely confusing, but documenting everything with your doctors is key regardless of which path you choose.
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Sofia Ramirez
•Wait, there's a difference between state disability insurance and Social Security disability? I had no idea there were multiple types of disability benefits! And I definitely should look into worker's comp since my back injury happened at the warehouse. I've been so focused on just the unemployment vs SSDI question that I didn't even think about these other options. This is getting complicated but at least now I know there might be more paths to explore. Thanks for mentioning the SDI option - do you know if New York has that program or is it only certain states?
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Leslie Parker
I just went through this exact situation last year with a rotator cuff injury from my delivery job. Here's what I learned the hard way - New York actually does NOT have state disability insurance (SDI) like California or New Jersey. We only have the federal SSDI option which takes forever. However, you absolutely should file for worker's comp if your back injury happened at work - that's completely separate and you can potentially collect worker's comp while on unemployment in certain situations. The key is getting proper medical documentation NOW. I made the mistake of waiting too long to see specialists and it hurt both my unemployment case (when I couldn't meet work search requirements) and my eventual disability claim. Get an MRI and physical therapy evaluations ASAP. Also, keep detailed records of how your pain affects daily activities - this documentation will be crucial for any disability application later. My advice? Stick with unemployment as long as you can honestly say you're able to work some jobs, but start building your medical case now in case you need to transition to disability benefits down the road.
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Abigail Patel
•This is incredibly helpful information! Thank you for clarifying that NY doesn't have SDI - I was getting confused by all the different disability programs mentioned. I definitely need to prioritize getting that MRI done. My primary care doctor has been suggesting it for weeks but I kept putting it off because of the cost. It sounds like having proper documentation could make or break any future disability claim. I'm also kicking myself for not filing worker's comp initially - I thought since I was already getting unemployment I didn't need to worry about it. Better late than never though. Did you find that having worker's comp affected your unemployment benefits at all, or were you able to keep both going simultaneously?
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