What Temporary Disability Insurance Covers in New York

Temporary Disability Insurance (TDI) in New York pays part of your wages if you cannot work because of a non-work injury, illness, or pregnancy. The program is run by the New York State Department of Labor. It replaces roughly 50 percent of your average weekly wage, up to a maximum amount that changes each year. The payment is not a loan — you do not repay it.

TDI covers situations like surgery recovery, a broken bone, childbirth, or a medical condition that keeps you from your job for a period of time. It does not cover work injuries (those fall under Workers' Compensation) or unemployment. You must have been working in New York and paying into the TDI fund through payroll deductions to receive benefits.

The benefit period typically lasts up to 26 weeks in a 52-week period, though some situations extend longer. You start receiving payments after a one-week waiting period from the date your disability began.

Key Takeaways

  • You must file your TDI claim within 30 days of the date you stopped working due to your condition, or you may lose benefits for the time you waited.
  • Your doctor must complete a medical certification form that confirms you cannot work and states when you may return — this is required before the state will process your claim.
  • You can file online through the New York State Department of Labor website, by mail, or in person at a local office, and online filing is the fastest route.
  • The state will mail you a information letter within two to three weeks that tells you whether you were found to have a valid claim and what your weekly benefit amount is.

Step 1: Gather Your Documents Before You File

Before you start the process, collect the documents you will need. Have your Social Security number, driver's license or state ID, and your most recent pay stub ready. You will also need to know the date your disability began — the date you stopped being able to work.

Your employer's name, address, and phone number must be on hand. If you have worked for more than one employer in the past 52 weeks, gather information for each one. The state uses this to verify you paid into TDI and to calculate your average weekly wage.

Most importantly, you need a completed medical certification form. Your doctor fills this out — it is form DB-521 or DB-521-E (for non-English speakers). The form states that you cannot work, describes your condition, and gives an expected return-to-work date. Without this form signed by your doctor, your claim will not move forward.

Step 2: File Your Claim Online, by Mail, or In Person

The fastest way to file is through the New York State Department of Labor website at labor.ny.gov. Go to the Temporary Disability Insurance section and select "File a Claim." You will create an account or log in if you already have one. The online form asks for your personal information, work history, and the date your disability started. You upload your medical certification form as a PDF or image file.

If you prefer to file by mail, read form DB-450 (process for Disability Benefits) from the Department of Labor website. Fill it out completely, attach your medical certification form, and mail both to the address listed on the form. Mail filing takes longer — allow two to three weeks for the state to receive and process it.

You can also file in person at a New York State Department of Labor office. Call 1-888-469-7365 to find the office nearest you and confirm their hours. Bring your ID, Social Security card, pay stub, and the completed medical certification form. An office representative will help you complete the process on the spot.

What Happens After You File

Once the state receives your claim, a claims examiner reviews it. They verify that you worked in New York, that you paid into TDI, and that your medical certification supports your claim. They may contact your employer to confirm your employment dates and wages. This review typically takes two to three weeks.

You will receive a information letter in the mail. If your claim is approved, the letter states your weekly benefit amount and the date payments begin. If it is denied, the letter explains why — common reasons include that you did not work long enough to build up TDI credits, or that your medical condition does not meet the definition of disability under New York law.

Approved claims begin paying after a one-week waiting period from your disability start date. Payments are deposited directly into your bank account or sent by debit card, depending on what you choose on your process. You receive payment every two weeks.

How to Report Your Medical Certification and Recertification

Your initial medical certification covers a set period — usually four to eight weeks, depending on your condition. Before that period ends, your doctor must recertify that you still cannot work. The state will send you a recertification form in the mail about two weeks before your current certification expires.

Return the recertification form to the Department of Labor by the date shown on the form. If you do not recertify on time, your benefits will stop. If your condition improves and you can return to work before the certification period ends, notify the state when ready — continuing to receive benefits after you return to work is considered fraud.

What to Do If Your Claim Is Denied

If the state denies your claim, you have the right to appeal. The information letter includes instructions for filing an appeal and a important date — typically 30 days from the date of the letter. You can appeal online through your Department of Labor account or by mail.

When you appeal, include any new medical evidence or documentation that supports your claim. If your doctor's original certification was incomplete or unclear, ask them to provide additional detail. You can also request a hearing before an administrative law judge, where you can present your case in person or by phone.

Appeals can take several weeks to several months. During that time, if you were denied, you do not receive payments unless the appeal is granted. If you win on appeal, back pay is issued for the period you were denied.

Frequently Asked Questions

Can I work part-time and still receive TDI?

No. TDI requires that you be unable to work at your regular job. If you work any hours, even part-time, you do not meet the definition of disability under New York law and your benefits will stop. If you return to work part-time, report this to the state when ready.

What if my doctor will not fill out the medical certification form?

Contact your doctor's office and explain that the form is required for your disability claim. If they refuse, you can request the form be completed by another licensed healthcare provider who has treated you for your condition — a nurse practitioner, physician assistant, or mental health professional may also sign it. The state will not process your claim without a completed form.

How much will I receive each week?

Your weekly benefit is roughly 50 percent of your average weekly wage over the 52 weeks before your disability began. The state has a maximum weekly amount that changes each year — in 2024 it is $870 per week, but this varies. Your information letter will show your exact weekly amount based on your earnings history.

What if I was laid off or quit my job before I became disabled?

You must have been actively working and paying into TDI at the time your disability began. If you were already laid off or had quit, you do not have an active TDI account and cannot file. If you were laid off due to disability, contact the Department of Labor to discuss your specific situation.

Can I file for TDI and Workers' Compensation at the same time?

No. If your disability is work-related, you file for Workers' Compensation, not TDI. If it is non-work-related, you file for TDI. The two programs do not overlap. If you are unsure whether your injury is work-related, contact your employer's Workers' Compensation carrier or the Department of Labor for guidance.