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same thing happened to my sister but with back surgery. she was out for 3 months and couldn't get unemployment until she was cleared to work again. definitely look into disability benefits first
I'm dealing with a similar situation right now - waiting for hip replacement surgery and my employer already told me they can't guarantee my job will be there when I get back. From what I've learned talking to others, the timing is really important here. You'll want to apply for short-term disability benefits first if your employer offers them, or look into New York State Disability Benefits if you've been paying into that. Once your doctor clears you to return to work, THEN you can file for unemployment if you don't have a job to go back to. The key is having that medical clearance - without it, NYS Department of Labor will consider you unable to work and therefore ineligible. It's frustrating but the system treats medical inability to work differently than involuntary job loss. Make sure to keep all your medical documentation organized for when you're ready to file.
Thanks for sharing your experience - it really helps to hear from someone going through the same thing! Do you know if there's a waiting period between when you get medical clearance and when you can file for unemployment? I'm worried about the gap in income during that transition time. Also, did your employer give you any information about continuing health insurance during the disability period? That's another thing I'm stressing about with the surgery coming up.
Great to hear! For future reference (and for others reading this thread), this is why it's always best to file claims early in the week when possible. Filing on Friday often means dealing with the weekend processing delay, which can cause unnecessary stress.
So glad to see you got it sorted out! This thread is going to be super helpful for anyone else who runs into this same issue. The NY DOL system definitely has its quirks, but at least now we know that 2-3 business day processing delay is normal for new claims filed on Fridays. Thanks for updating us with the resolution!
just keep filing ur weekly claims thats the main thing, even if its not approved yet u can still get backpay
I'm in a similar situation - filed my claim 2 weeks ago after my company did layoffs and still waiting for approval. From what I've read on the NYS DOL website, they're currently experiencing higher than normal claim volumes which is causing delays. 10 days is still within the normal processing window, so I wouldn't panic yet. The important thing is to keep doing your weekly certifications like others mentioned. You might also want to double-check that all your employer information was entered correctly when you filed, since any discrepancies can slow down the verification process.
Wait times have been crazy lately! I know someone who applied in December and didn't get their first payment until mid-January because their employer contested the claim. The NYS Department of Labor has to investigate those situations which adds weeks to the process. Hopefully since your restaurant closed permanently that won't be an issue for you.
That's good to know - my employer definitely isn't contesting since they went out of business completely. Hopefully that means no adjudication delays for me.
been there! restaurant industry is tough right now. make sure you're doing your job search activities because NYS Department of Labor requires 3 work search contacts per week even while your claim is processing. keep good records of where you apply because they can audit your job search log at any time
@Diego Ramirez That s'a great point about the work search requirements! I didn t'realize I needed to be doing that right away. Are there specific types of jobs I should be applying to, or can I apply to anything in my field? Also, do online applications count or do they prefer in-person contacts?
Abby Marshall
Just want to add that even if your injury heals and you become able to work again, you could potentially file for unemployment at that point if you're having trouble finding a new job. But right now while you're medically unable to work, disability benefits are your best bet. Hope your back heals up soon!
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Mei Lin
This is such an important distinction that more people need to understand! I work in benefits administration and see this confusion all the time. Just to clarify a few key points: 1) New York State Disability Benefits (DBL) is actually a state-mandated program that most employees pay into through payroll deductions - check your paystubs for "DBL" deductions. 2) You can apply for NYS disability online at wcb.ny.gov if you've been unable to work for more than 7 days due to your injury. 3) The benefit is typically 50% of your average weekly wage up to a cap. 4) You'll need your doctor to complete disability paperwork. Don't let your savings drain while you're figuring this out - if you've been paying into the system, you're likely entitled to these benefits!
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