What happens if you become disabled while on unemployment benefits in NY?
I've been collecting unemployment for about 6 weeks now and just found out I have a serious medical condition that's going to require surgery and several months of recovery. I won't be able to work or do job searches during this time. What happens to my unemployment claim? Do I need to report this to NYS Department of Labor? Will I lose my benefits or can I get some kind of extension? I'm really stressed about this whole situation and don't know what steps to take.
9 comments


Zainab Ismail
You need to contact NYS Department of Labor immediately to report your change in status. You'll likely need to apply for disability benefits instead of continuing unemployment. When you're unable to work due to a medical condition, you're no longer considered 'able and available' for work which is a requirement for UI benefits. The good news is you may qualify for temporary disability benefits through the state.
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Miguel Silva
•Thank you for the info. Do you know if I can apply for disability while still on unemployment or do I have to stop the UI first?
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Connor O'Neill
i went through something similar last year. you def need to stop certifying for unemployment once you cant work. if you keep collecting while disabled thats considered fraud and they'll make you pay it back with penalties
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Yara Nassar
The process is actually more nuanced than some are suggesting. You should contact NYS Department of Labor to discuss your specific situation, but you may be able to maintain your claim if your disability is temporary and you expect to return to work within a reasonable timeframe. Document everything with medical records and communicate proactively with the department. For getting through to an actual person at NYS Department of Labor, I'd recommend checking out claimyr.com - they have a service that helps you reach agents by phone when the lines are busy. There's a helpful demo video at https://youtu.be/qyftW-mnTNI that shows how it works.
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Keisha Robinson
•Interesting about that service. I've been trying to reach someone at NYS Department of Labor for weeks about my own claim issues. Might be worth checking out.
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GalaxyGuardian
THE SYSTEM IS SO MESSED UP! They make you jump through hoops when you're already dealing with health problems. I had a friend who got penalized because she didn't report her injury fast enough even though she was in the hospital. Make sure you document EVERYTHING and get it in writing!
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Paolo Ricci
Hope you feel better soon! This kind of situation is exactly why the unemployment system needs better coordination with disability services. Keep all your medical documentation organized.
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Fatima Al-Sayed
I'm sorry to hear about your medical situation, Miguel. From what I understand, you'll need to report this change to NYS DOL as soon as possible since you won't be able to meet the "able and available to work" requirement while recovering from surgery. You should look into applying for New York State Disability Benefits (DBL) which can provide partial wage replacement during your recovery period. The key is being proactive about the transition - don't wait until your next certification. Call them directly to explain your situation and ask about the proper process for switching from unemployment to disability benefits. Make sure to keep all your medical documentation from your doctor about the surgery and recovery timeline. Best of luck with your surgery and recovery!
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Ryder Ross
•This is really helpful advice, Fatima! I'm wondering though - is there a waiting period between when you stop unemployment and when disability benefits kick in? I'm worried about having a gap in income during the transition, especially with medical bills coming up.
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