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Ava Rodriguez

Can I get Washington ESD unemployment while waiting for disability decision?

I applied for SSDI about 8 months ago and still haven't heard back. My doctor says I can't do my old construction job anymore due to back injuries, but I might be able to do some lighter work while waiting for the disability determination. Can I file for unemployment benefits with Washington ESD in the meantime? I'm really struggling financially and not sure what my options are. Has anyone been in this situation before?

Yes, you can potentially receive unemployment benefits while your disability claim is pending, but there are specific requirements you must meet. The key is that you have to be able and available for work - even if it's different work than what you did before. Since you mentioned you might be able to do lighter work, that could qualify you. You'll need to register with WorkSourceWA and actively search for jobs that accommodate your limitations.

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That's helpful, thank you. Do I need to tell Washington ESD about my pending disability claim when I apply?

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Yes, you should be honest about your situation. Washington ESD will evaluate whether you can perform some type of work. Having a pending disability claim doesn't automatically disqualify you from UI benefits.

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I was in almost the exact same situation last year. Applied for disability in early 2024 and it took forever. I was able to get unemployment for about 5 months while waiting. The trick is being genuinely available for work that you CAN do, not just saying you are.

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Did you have any issues when your disability got approved? I'm worried about having to pay back the unemployment money.

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No issues at all. The disability approval was for a different time period and I had legitimately been available for appropriate work during the unemployment period.

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This is actually more common than people think. The main requirement is that you're able and available for SOME type of work, even if you have restrictions. You'll need medical documentation of your limitations and you have to be actively seeking jobs within those restrictions. If you're having trouble reaching Washington ESD to discuss your specific situation, I'd recommend checking out Claimyr.com - they have a service that helps people get through to ESD agents quickly. There's even a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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I'll look into that, thanks. I've been trying to call ESD but keep getting busy signals.

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Claimyr actually helped me last month when I couldn't get through to anyone about my claim issues. Worth trying if you're stuck.

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wait this doesn't make sense... if you're applying for disability saying you can't work, how can you also say you're available for work for unemployment?? seems like you're trying to game the system

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It's not gaming the system at all. Disability and unemployment have different standards. You can be unable to do your previous job due to disability but still be able to perform other types of work. The legal standards are completely different.

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Exactly right. SSDI looks at whether you can do ANY substantial gainful activity. Unemployment looks at whether you're available for work you CAN perform. Many people qualify for both during the disability waiting period.

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ok I guess that makes sense when you explain it like that

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You definitely need to be careful about how you answer the weekly claim questions. Make sure you're being consistent about your availability for work. If you say you're not able to work on your unemployment claim, you'll get disqualified.

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What specific questions should I be most careful about?

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The 'able and available' questions are crucial. You need to answer yes that you're available for work within your restrictions, and yes that you're actively seeking work that you can perform.

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I know someone who did this successfully. The key thing is documenting everything - keep records of your job searches, medical restrictions, and any communications with both agencies. You might need to provide evidence later.

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Good point about documentation. I've been keeping all my medical paperwork organized anyway.

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This whole system is so confusing! I'm dealing with something similar and every person I talk to gives me different information. How are we supposed to navigate all these different rules and requirements?

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It is confusing, which is why getting accurate information directly from ESD is so important. That's another reason why services like Claimyr can be helpful - they help you actually reach someone who can give you official guidance for your specific situation.

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The confusion is understandable, but the basic principle is straightforward: if you can work in some capacity and are looking for appropriate work, you may qualify for unemployment while waiting for disability determination.

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Make sure you understand the job search requirements too. You'll need to log your job search activities and they have to be for jobs you can actually perform given your restrictions.

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How many job contacts do I need to make each week?

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It's typically 3 job search activities per week, but they have to be genuine searches for work you could realistically do with your limitations.

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One thing to consider is timing. If your disability gets approved and they backdate it, there could be an overlap period to sort out. But that's a good problem to have compared to having no income at all while waiting.

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That's a good point. I'd rather deal with sorting out overlapping benefits than having no money coming in.

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I went through this exact situation in 2023. Filed for unemployment while waiting on disability approval. Had to do phone interviews with ESD to explain my situation but they approved my claim. The adjudication took about 3 weeks but once it was resolved, I got benefits for 4 months until my disability came through.

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Did you have to appeal or did they approve it initially?

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They approved it after the adjudication period. I think having clear medical documentation of what I could and couldn't do helped a lot.

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Just remember that you have to report any income from work while receiving unemployment. And if you do get a job during this period, it might affect your disability claim depending on the type of work.

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Good reminder. I'll make sure to report everything properly if I do find some part-time work I can handle.

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The whole 'able and available' thing is really the crux of it. You have to genuinely be able to perform some type of work and be actively looking. It's not just about needing money - you have to meet the work availability requirements.

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Yeah, I understand that. I really do want to work if I can find something within my physical limitations.

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Have you considered vocational rehabilitation services? They might be able to help you find work that accommodates your restrictions while you're waiting for the disability decision.

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I hadn't thought about that. Is that something separate from WorkSourceWA?

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There are different vocational rehab programs. Some are through the state, some through Social Security. Worth looking into all your options.

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Whatever you do, don't try to hide the disability application from ESD. Being upfront about your situation is always better than them finding out later and thinking you were being deceptive.

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Absolutely. I plan to be completely honest about everything when I apply.

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I was worried about this same thing but found out there's actually nothing preventing you from applying for both. The worst they can say is no to the unemployment, but at least you'll know for sure.

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That's true. I think I'll go ahead and apply and see what happens.

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If your claim goes into adjudication because of the disability situation, don't panic. It just means they need to review your case more carefully. That's normal for situations like this.

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How long does adjudication usually take for these types of cases?

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Can vary a lot, but typically 2-6 weeks. If you need to talk to someone at ESD about your adjudication status, that's another time when Claimyr might be helpful since regular phone lines are so backed up.

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Make sure you keep all your medical documentation organized. If ESD needs proof of your work restrictions, you'll want to have everything ready to submit quickly.

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Good advice. I've got everything in a folder already from the disability application process.

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One final thought - even if you get approved for unemployment, keep pushing on the disability claim too. Having both processes moving forward gives you the best chance of maintaining some income during this difficult period.

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Definitely. Thanks everyone for all the helpful advice. I feel much more confident about moving forward with the unemployment application now.

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Best of luck with everything! This situation is stressful enough without worrying about having no income. Hope both your claims work out soon.

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Thank you! Really appreciate all the support and information from everyone here.

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