Skip to main content

Unemployment benifits and disability payment

New York, NY |

Im still waiting for my back pay and recieved my first check 10/24 and dont know when my next payment is coming in. I still have about 7 more weeks of unemployment payments and was wondering since the judge didnt say I had to pay back unemployment payments that I was getting during the time they are saying my back pay is being calculated, can I still collect unemployment since they are holding my check til they settle my payee issue ( I dont need a payee and they had to change that in the system) Im so backed in my bills I feel I have no choice but dont want to put myself in any trouble. Can I do this and get both?

Attorney Answers 2

Posted

If you have an attorney, you need to talk to that attorney right away. In most states, once you have been approved for Social Swecurity and have been determined as unable to do any substantial gainful activity, you are no longer eligible for unemployment - becasue in most states you have to verify that you are in fact able to work in order to collect unemplyment. Collecting both benefits will be considered fraud in many states, so while a short term month or two hardshiop soundfs bad, the alternative is worse.

In New York, to get unemployment you must not be disabled, and you must be able to work. See this link: http://unemploymenthandbook.com/state-unemployment-directory/71-new-york/959-new-york-unemployment-eligibility.

So, if you collect unemployment now, you are going to run into problems either with the State or with Social Security. I would advise you NOT to collect the additional unemployment for the 7 weeks.

I hope this helps. Best of luck to you!!.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Mark as helpful

2 lawyers agree

Posted

You cannot collect Unemployment and Disability benefits concurrently in New York State, it is a crime.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

Mark as helpful

1 found this helpful

1 lawyer agrees

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics