< Back to New York Unemployment

Aisha Rahman

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.

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.

0 coins

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.

0 coins

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

0 coins

Aisha Rahman

•

18 months?? That's crazy long. I can't wait that long without income. Maybe I should stick with unemployment for now.

0 coins

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.

0 coins

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

0 coins

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.

0 coins

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

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,613 users helped today