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Thread: Short term disability and unemployment in NY New York

  1. #1
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    Default Short term disability and unemployment in New York

    I was laid off at the end of January and signed up for unemployment benefits. I've been unable to find work in my own field since then. I got a temporary job with the US Census Bureau which lasted just five weeks, ending last week. Tomorrow I will be certifying my unemployed status again. I'm presuming that my benefits will be based on the original claim. At least that's what I was told.

    In the meantime, I've just been diagnosed with breast cancer and have to undergo surgery and follow up treatments. I'm not sure how disabling the whole process will be but doubt I can honestly say that I'm "ready, willing and available for work" while I'm undergoing this. Would I be entitled to short-term disability? My previous employer was based in Connecticut but I live and worked in New York State.

    If I am entitled to short-term disability would the benefit rate be based on my temporary job with the census or on my previous job?

    Also when someone claims short-term disability how does it affect their unemployment claim? I know one can't claim both at the same time. But I was wondering if the original claim is reinstated after disability finishes and also if it has the effect of extending the number of remaining weeks of unemployment benefits. I would be really upset if the pause in unemployment benefits meant that they used the census job (which paid much less) to reduce the weekly payments.

    I know that there are a few question all rolled in here. But I'm in a quandary as to what to do. I really need to ensure that I have some money coming in over the next few months so I can continue to pay rent and health insurance.
    Last edited by marypny; 06-06-2009 at 09:16 PM.

  2. #2
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    Your weekly benefit amount will not change for the one-year duration of the claim. Benefits are not recalculated when a claim is re-instated during that year period.

    I am not that familiar with NY SDI, so please check back for info regarding that part of your question.

    Best of luck to you.
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  3. #3
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    Here is some info that might help you to some extent regarding N.Y. SDI & unemployment. For further information or
    clarification employees may contact the Attorney
    General's Labor Bureau by mail, at 120
    Broadway, New York, New York 10271 or by
    telephone at (212) 416-8700.

    Any employee who is working or has worked for a covered employer for at least four consecutive weeks is eligible. Employers with one or more employees are subject to the provisions of the New York State Disability Benefits Law. Disability benefits are paid for either jointly by the employer and the employee, or entirely by the employer. Fifty percent of the average weekly wage (based on eight weeks of employment, not counting the week in which disability began) to a maximum of $170 per week. Benefits are paid for a maximum of 26 weeks during a 52-week period. For employed workers, the first seven days of disability are a waiting period for which no benefits are paid. Benefits begin on the eighth consecutive disability day.

    The Disability Benefits Law provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury.

    If you are currently employed, or if you have been unemployed for less than four weeks from the date the disability began, file the claim with your employer or insurance carrier, using the White form DB-450. This form is available on-line, or you may obtain a copy from the nearest district office. Keep a copy of this form to submit again if your claim is not paid promptly.
    If you have been unemployed more than four weeks from the date the disability began, file the claim with the Disability Benefits Bureau, using the form DB-300. Mail it to: Disability Benefits Bureau, Workers' Compensation Board, 100 Broadway-Menands, Albany, NY 12241.

    For unemployed workers who are receiving Unemployment Insurance benefits and who become disabled more than four weeks (but within 26 weeks) after termination of employment, benefits are payable from the first day of the disability that disqualifies them from receiving Unemployment Insurance benefits.

    Best of luck to you on your surgery & recovery.
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  4. #4
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    Thank you Betty and Patty!

  5. #5
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    Quote Originally Posted by marypny View Post
    Thank you Betty and Patty!
    You're certainly welcome. Take care.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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