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I just went through this process recently and wanted to share what I learned. You definitely cannot collect both simultaneously - it's one or the other. The key thing NYS Department of Labor looks at is that "able and available for work" certification you do every week. If you're applying for disability, you're essentially saying you can't work, which directly contradicts that certification. Here's what I'd recommend: before making any moves, calculate which benefit would give you more money and for how long. Sometimes unemployment might be better short-term while you look for work you can do with limitations, while disability might be better if your condition is expected to last a long time. Also, if you do switch to disability, make sure you understand whether it's temporary or permanent - if it's temporary, you might be able to go back to unemployment later. The most important thing is to be completely transparent with both agencies about your situation to avoid any fraud issues.
This is excellent advice about calculating which benefit would be better! I hadn't thought about comparing the amounts and duration. My unemployment is only going to last a few more months anyway, so if disability would provide longer-term support, that might make more sense. Do you know if there's a way to get estimates of what the disability payments would be before actually applying, so I can do that comparison? I really want to avoid making the wrong choice here.
I was in a similar situation about a year ago and learned this the hard way. You absolutely cannot collect both - I actually got a letter from NYS Department of Labor when they found out I had applied for disability, and they made it very clear that I needed to choose one or the other immediately. What saved me from potential fraud charges was that I called them right away to explain the situation and stopped certifying for unemployment that same week. The process was stressful because there's definitely an income gap - my disability took about 8 weeks to get approved, so I had two months with no income at all. If you're considering this switch, I'd suggest: 1) Talk to a disability lawyer first (most offer free consultations), 2) Calculate whether disability would actually pay more than your remaining unemployment weeks, 3) Make sure you have enough savings to cover the gap period, and 4) Be completely upfront with NYS Department of Labor about your intentions. Don't try to fly under the radar - they do cross-reference these systems and it's not worth the fraud risk.
Wow, that's scary that you actually got a letter from NYS Department of Labor about it! I'm glad you called them right away to explain. The fraud risk is definitely my biggest concern here. Can I ask - when you talked to the disability lawyer, did they help you figure out if your condition would actually qualify? I'm worried about stopping my unemployment and then having the disability application get denied, leaving me with nothing. Also, did the lawyer cost anything if you ended up not moving forward with disability?
Just make sure you're honest about the seasonal nature of your work when filing. NYS Department of Labor takes misrepresentation seriously and you don't want issues later on.
I work seasonal at a beach resort and have filed for unemployment during off-seasons multiple times. One important thing to know is that you should file your claim immediately after your last day of work - don't wait even a day because benefits don't start until you file. Also, keep all your employment records from the ski resort including pay stubs and any documentation about your expected return date next season. When you're doing your weekly certifications, you'll need to report that you're temporarily laid off but expect to return to the same employer. The system will ask you specific questions about seasonal work during the application process.
This is really helpful advice! I didn't realize I should file immediately after my last day. Quick question - when you mention keeping employment records, should I also keep any emails or documents from my employer about being rehired next season? I have an email from HR saying they plan to bring back seasonal staff for next winter but nothing official yet.
Just wanted to add that you can also appeal your benefit calculation if you think there's an error. I had to do this when they missed including wages from a job where I worked the last few weeks of a quarter. The appeal process took about 6 weeks but they corrected my weekly amount from $298 to $421. Make sure to gather all your pay stubs and W-2s before filing an appeal though - they'll want documentation of all your earnings during the base period. The deadline to appeal is usually 30 days from when you receive your monetary determination letter.
That's really good to know about the appeal process! I didn't realize you could challenge the calculation if there are errors. 30 days seems like a reasonable timeframe too. Did you have to go through any kind of hearing or was it just a paperwork review? I'm wondering if it's worth double-checking all my pay stubs against what they have on file, especially for that part-time job since those wages might be easier to miss or report late.
One thing that caught me off guard was that the base period might not be what you expect - it's not the most recent four quarters, but the first four of the last five completed quarters. So there's actually a lag period where your most recent earnings might not count yet. When I filed in March, they were looking at my earnings from the previous January through December, not including January-February of the current year. This is called the "standard base period." If your earnings were higher in more recent quarters, you might be able to request they use the "alternate base period" which shifts everything forward by one quarter. Worth asking about if you think your recent earnings would give you a higher benefit rate!
That's a really important distinction about the base period timing! I think a lot of people assume it's just the most recent four quarters. The alternate base period option sounds like it could make a big difference for people who had their earnings increase more recently. Do you know if there's a specific process to request the alternate base period, or do they automatically consider both when calculating your benefits? I'm curious if that might apply to my situation since I got a raise at my main job toward the end of last year.
I'm on day 2 of my unemployment claim review and honestly, finding this thread has been such a relief! I was starting to panic thinking maybe I missed something in my application or that the "under review" status meant there was a problem. It's really comforting to see so many people sharing similar experiences and that the 7-10 business day timeline seems pretty standard for layoff cases. I got laid off from my marketing job due to budget cuts, so hopefully that should be straightforward like everyone's saying. The lack of transparency from NYS DOL is definitely frustrating - even a simple progress indicator would help so much with the anxiety. Thanks to everyone who's shared their timelines and experiences here. It really helps to know this waiting period is normal even though it feels like torture when you're worried about paying rent!
I'm so glad this thread is helping ease your anxiety! I'm actually on day 5 of waiting myself, and it's been such a rollercoaster of emotions. The "under review" status really does sound scary at first, but after reading everyone's experiences here, it seems like that's just the standard wording they use while processing. Your marketing job layoff due to budget cuts sounds very similar to my situation - I got laid off from my tech job due to company restructuring. From what everyone's saying, those types of clear-cut layoffs typically go through without issues, it's just the waiting that's brutal. The once-a-day portal checking rule that others mentioned has really helped me stay sane. Hang in there - we're all in this together!
I'm on day 10 of waiting for my unemployment claim review after being laid off from my retail job when the store closed permanently. Reading through everyone's experiences here has been incredibly reassuring! It sounds like I'm right at the edge of that typical 7-10 business day window that most people have mentioned. The "under review" status has been driving me absolutely crazy - I've definitely been one of those people checking the portal multiple times a day hoping for some kind of update. It's wild how much stress this process creates when you're already dealing with the uncertainty of unemployment. The suggestion about limiting portal checks to once daily is brilliant and something I really need to implement. Thanks to everyone who shared their timelines - it really helps to know this waiting period is completely normal even though it feels endless when bills are piling up!
You're right at that 10-day mark so hopefully you'll hear something very soon! Store closures are usually the most straightforward type of claims since there's zero question about eligibility - the business literally doesn't exist anymore. I went through something similar when my company shut down a location and my claim was approved on day 11, so you should be getting good news any day now. The waiting really is the worst part, especially when you know logically that approval is almost certain but your brain keeps playing "what if" games. Definitely try that once-a-day checking rule - it saved my sanity during the wait!
Malik Johnson
Thanks for the update! This is super helpful - I was literally in the same exact boat last week but chickened out and didn't change my bank info because I was too worried about timing. Seeing that it worked for you gives me confidence to finally make the switch. The fact that you changed it Thursday and still got paid Tuesday in the new account is exactly what I needed to know. Definitely going to take that screenshot advice too!
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Sebastián Stevens
•You should definitely go for it! I was so anxious about the whole thing but it really did work smoothly. Just make sure you do it a few days before you certify to give the system time to process. The Thursday to Tuesday timeline worked perfectly for me, so you should have plenty of buffer if you change it earlier in the week. And yes, definitely screenshot that confirmation page - I wish I had done that for my own peace of mind!
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Carmen Ortiz
This whole thread has been so reassuring! I'm dealing with a bank merger situation where my routing number is changing next month, so I'll need to update my direct deposit info too. Based on everyone's experiences here, it sounds like the key is giving yourself at least a few days between making the change and your certification date. Really appreciate everyone sharing their real experiences - the official unemployment website is pretty vague about timing for these changes.
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