which pays more disability unemployment - NYS Department of Labor weekly benefit amounts?
I'm trying to figure out which would give me higher weekly payments - staying on disability or switching to unemployment benefits through NYS Department of Labor. I've been on disability for 8 months after a workplace injury but my doctor says I can do light work now. My disability pays $420 a week but I'm not sure what unemployment would be. Does anyone know how NYS Department of Labor calculates weekly benefit amounts? I made about $52,000 last year before my injury. Would it be worth switching or should I stay on disability until I find something?
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Anastasia Fedorov
NYS Department of Labor calculates your weekly benefit amount based on your highest quarter of earnings in your base period. With $52k annually, you're probably looking at around $450-500 per week in unemployment benefits, but you'd need to be able and available for work. The maximum weekly benefit in NY is currently $504. You can't collect both disability and unemployment at the same time since disability means you can't work and unemployment requires you to be actively seeking work.
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Diego Vargas
•That's helpful, thanks! So I'd have to choose one or the other? I thought maybe I could transition gradually from disability to unemployment while job searching.
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StarStrider
be careful about this - if youre still getting disability payments you cant file for unemployment. i made this mistake last year and had to pay back money to NYS Department of Labor. you have to be completely off disability first
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Diego Vargas
•Oh wow, I didn't realize there could be overpayment issues. How did that get resolved for you?
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StarStrider
•had to pay back like $1800 and it took forever to sort out. make sure your disability case is officially closed before filing with NYS Department of Labor
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Sean Doyle
I dealt with a similar situation last year. The key thing is timing - you need to formally end your disability benefits before applying for unemployment. Once you're cleared for work by your doctor, contact your disability provider to close that claim, then file with NYS Department of Labor. Your unemployment amount will depend on your earnings history, but $52k should put you in a decent range. Just make sure you can genuinely perform job search activities and accept suitable work offers.
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Diego Vargas
•This is really helpful. Did you have any trouble with the NYS Department of Labor when you explained the transition from disability?
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Zara Rashid
I'm in a similar boat but with workers comp instead of regular disability. The whole system is so confusing! How are we supposed to know all these rules about what you can and can't do? I've been scared to apply for unemployment because I don't want to mess anything up and owe money back.
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Sean Doyle
•Workers comp is different from regular disability - you definitely need to check with your workers comp case manager before making any changes. The rules can vary depending on your specific situation.
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Luca Romano
I had such a hard time getting through to NYS Department of Labor when I was dealing with this transition. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration and I was able to get my questions answered about the disability to unemployment transition process.
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Diego Vargas
•Interesting, I'll check that out. The phone system for NYS Department of Labor is definitely overwhelming when you're trying to get specific answers about your situation.
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Nia Jackson
honestly the unemployment system is such a mess anyway. even if you qualify for more money with unemployment good luck actually getting it paid out on time. disability at least comes regularly
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Anastasia Fedorov
•While there can be delays, most routine unemployment claims process normally. The key is making sure all your documentation is correct from the start to avoid adjudication delays.
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