Yes you can apply.
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.
The Department of Labor has a list of attorneys who are experienced in this area of law. You should reference the list and speak with one of the suggested attorneys. They will be able to answer your questions regarding the receipt of benefits.