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Can I collect unemployment and disability at the same time?

Staten Island, NY |

I am 35 yrs old and experienced kidney failure in Nov 08 and are currently on dialysis. my employer laid me off in March 09 and I have been collecting unemployment since.As of Nov 09 I started collecting disabilty and are currently collecting both. I didnt think there was any issue with this but now I am wonderimg if Is it legal to be collecting both at the same time??

Attorney Answers 2


  1. You have an obligation to notify the unemployment office of the new payments. I know you cannot collect unemployment and state disability at the same time, also not workers compensation and unemployment,. I imagine from your posting you are collecting federal disability and I am uncertain how it applies to state unemployment. Find out from the unemployment office.
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    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.


  2. Under the circumstances you describe, you need to check your state's regulations.

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