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Zoe Alexopoulos

Can I get disability and unemployment at the same time in Washington ESD?

I'm dealing with a complicated situation and hoping someone can help clarify the rules. I've been collecting unemployment benefits through Washington ESD for about 6 weeks now, doing my weekly claims and job search activities. But my back injury from my previous job has gotten worse and my doctor is saying I might qualify for disability benefits. Can I receive both unemployment and disability at the same time? I'm worried about getting into trouble with Washington ESD if I apply for disability while still claiming UI benefits. Has anyone been in this situation before?

This is actually a really common question and the answer is complicated. Generally speaking, you cannot receive both unemployment and disability benefits simultaneously because they have conflicting requirements. For unemployment, you must be able and available to work, while for disability, you're stating you cannot work due to your condition.

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That's what I was afraid of. So if I apply for disability, do I need to stop filing my weekly claims immediately?

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You should contact Washington ESD directly to discuss your specific situation. There might be some overlap period while your disability claim is being processed, but you'll need official guidance on this.

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I went through something similar last year. The key thing is being honest with both agencies about your situation. Washington ESD will want to know if your condition affects your ability to work and perform job search activities.

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Did you have to pay back any unemployment benefits when you got approved for disability?

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No, because I was upfront about the timeline and stopped claiming UI benefits as soon as I knew I couldn't meet the work requirements. Honesty is key here.

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I've been trying to reach Washington ESD about a similar question for weeks and can't get through on the phone. The wait times are ridiculous and I keep getting disconnected. Has anyone found a better way to contact them?

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I just discovered this service called Claimyr that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. It basically handles the calling and waiting for you.

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That sounds too good to be true. How does it actually work?

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You give them your contact info and they call Washington ESD for you, wait on hold, then connect you when they get an agent. I used it last month and actually got through to someone in about 45 minutes instead of trying for days.

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Wait, I'm confused about something. If you're getting disability benefits, doesn't that mean you're permanently disabled? Can you still look for work if you're disabled?

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There are different types of disability benefits. Some are temporary, some are permanent, and some allow for limited work activity. That's why it's important to understand the specific requirements of each program.

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exactly, and Washington ESD has specific rules about what counts as 'able and available' for work. If your disability prevents you from doing your usual job but you could do other work, that's a different situation.

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This whole system is so confusing! I have a friend who got in trouble for not reporting a workers comp claim while on unemployment. Are disability and workers comp the same thing?

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No, they're completely different. Workers compensation is for injuries that happened at work, while disability benefits can be for any qualifying condition. Both can affect your unemployment eligibility though.

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Thanks for clarifying. I was worried I might be dealing with multiple issues at once.

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I'm not trying to be negative, but I've seen people get into serious trouble for collecting both types of benefits. Washington ESD does audits and they can demand repayment of overpayments plus penalties. Be very careful about this.

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This is exactly what I'm worried about. I don't want to end up owing thousands of dollars.

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That's why getting official guidance is so important. Don't just guess about the rules - get it in writing from Washington ESD.

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Can I ask what type of disability you're considering? There might be specific rules depending on whether it's Social Security Disability, state disability, or something else.

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I'm not sure yet. My doctor mentioned Social Security Disability but I haven't started the application process. The back injury makes it hard to do physical work.

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Social Security Disability has a very strict definition of disability that might be different from what Washington ESD considers when evaluating work capability. Definitely get professional advice on this.

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I work at a benefits advocacy organization and see this situation frequently. The general rule is that you cannot receive both simultaneously, but there can be transitional periods where you might be eligible for one while waiting for the other to be processed.

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That's helpful to know. How long do these transitional periods typically last?

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It varies depending on the type of disability claim and how quickly it's processed. Social Security Disability claims can take months or even years to be approved, while state disability programs might be faster.

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I think I was in a similar situation a few years ago but with a different injury. The key thing Washington ESD told me was that I needed to be honest about my work limitations when filing my weekly claims. If you can't perform certain types of work, you need to report that.

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How do you report work limitations on the weekly claim? I don't remember seeing that option.

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There are questions about being able and available for work. If your condition affects your ability to work, you need to answer those honestly and potentially provide documentation.

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This is making me nervous about my own situation. I've been dealing with anxiety and depression while on unemployment. Does mental health count as a disability for these purposes?

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Mental health conditions can qualify for disability benefits if they significantly impact your ability to work. The evaluation process is similar to physical disabilities.

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Yes, but the key is whether your condition prevents you from working. If you're actively job searching and able to work, that's different from being unable to work due to your condition.

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I've been on unemployment for 4 months and just found out I might have a serious medical condition. Should I stop filing my weekly claims while I wait for test results?

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Don't stop filing unless you're actually unable to work. Having a medical condition doesn't automatically disqualify you from unemployment benefits.

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That makes sense. I guess I'll keep filing until I know more about my diagnosis.

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For what it's worth, I tried using that Claimyr service someone mentioned earlier and it actually worked. I was able to get through to Washington ESD and ask about my specific situation with work restrictions. The agent was really helpful in explaining the rules.

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How much did it cost? I'm willing to pay if it means I can actually talk to someone.

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I don't want to discuss specific pricing here, but it was worth it for me to get clarity on my situation. Check their website for current information.

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I'm an employment attorney and I see these dual benefit situations regularly. The most important thing is to be completely transparent with both agencies about your circumstances. Trying to hide information usually leads to bigger problems.

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Should I get legal advice before applying for disability while on unemployment?

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It's not always necessary, but if you're concerned about potential overpayments or rule violations, a consultation might give you peace of mind.

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I hate to be the bearer of bad news, but my sister got caught receiving both disability and unemployment and had to pay back over $8,000. Washington ESD found out when they cross-referenced databases.

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That's terrifying. How did she end up in that situation?

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She thought she could receive both since one was federal and one was state. But the 'able and available' requirement for unemployment conflicted with her disability claim.

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Here's what I learned from my experience: document everything. Keep records of all your communications with Washington ESD, your medical documentation, and any advice you receive. If questions come up later, you'll need that paper trail.

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Good advice. I'll start keeping better records of everything.

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Also, if you do transition from unemployment to disability, keep records of when you stopped job searching and why. That timeline will be important.

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I'm seeing a lot of good advice here but also some confusion. The bottom line is that each situation is unique and you really need to talk to Washington ESD directly about your specific circumstances.

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I think you're right. I need to stop trying to figure this out on my own and get official guidance.

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That's where Claimyr could help you get through to someone at Washington ESD who can give you specific guidance about your situation.

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Thanks everyone for all the helpful information. I think I have a better understanding now that I need to be very careful about the timing and requirements of both programs. I'll contact Washington ESD directly before making any decisions about applying for disability.

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That's the smart approach. Good luck with whatever you decide to do.

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Feel free to reach out if you need help understanding any of the information they give you. These rules can be complex.

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I really appreciate everyone's input. This has been incredibly helpful in understanding what I need to do next.

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