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Myles Regis

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

I'm really confused about whether I can collect both unemployment benefits and disability payments simultaneously. I've been on temporary disability through L&I for a work injury, but my doctor says I might be able to do some light work soon. My employer doesn't have anything available that fits my restrictions though. Can I apply for Washington ESD unemployment while still getting disability? I don't want to mess up either benefit by doing something wrong.

This is a really common question and the answer depends on what type of disability you're receiving. If it's L&I workers comp, you generally can't collect UI at the same time because you're not considered 'able and available' for work. However, if your doctor clears you for light duty work and your employer can't accommodate, there might be some exceptions.

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So even if I'm cleared for light work, I still can't get unemployment? That seems unfair since my employer doesn't have anything for me.

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It's more complicated than that. You'd need to be fully released to work without restrictions to qualify for regular UI benefits. Being on light duty usually means you're still considered disabled for unemployment purposes.

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I had a similar situation last year. The key thing is that Washington ESD requires you to be able and available for full-time work to qualify for unemployment. If you're on any kind of disability that limits your work capacity, they'll usually deny your claim.

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Did you try applying anyway? What happened when you did?

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I applied and got denied because I was still under medical restrictions. Had to wait until I was fully cleared by my doctor before I could get approved for UI.

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You really need to talk to someone at Washington ESD about your specific situation. The rules can vary depending on your type of disability and work restrictions. I'd recommend using Claimyr.com to get through to an actual agent - they have a system that helps you navigate the phone system and get connected faster. There's even a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the suggestion! I've been trying to call for weeks but can never get through. Is this service legit?

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Yeah, I used it when I had issues with my claim being stuck in adjudication. It's not free but it actually got me through to someone who could help explain my options.

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Never heard of this before but might be worth trying. The regular phone system is absolutely impossible to get through on.

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wait can you get both?? i thought you couldnt get any unemployment if you were on disability at all

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It depends on the type of disability and your work capacity. Social Security disability is different from workers comp, which is different from short-term disability insurance.

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oh man this is confusing. i might be in the same boat soon

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The Washington ESD website has information about this, but it's pretty confusing. From what I understand, if you're receiving Social Security Disability Insurance (SSDI), your unemployment benefits might be reduced dollar-for-dollar. But if it's workers compensation, you usually can't get UI at all while you're receiving it.

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Mine is through L&I workers comp, so sounds like I'm probably out of luck until I'm fully released.

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That's usually the case, but there might be exceptions if you're able to work with restrictions and your employer can't accommodate. Definitely worth asking Washington ESD directly.

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This whole system is so frustrating! You get hurt at work, can't do your regular job, your employer won't give you light duty, but you still can't get unemployment because you're 'disabled.' Makes no sense.

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Exactly! I feel like I'm stuck in limbo. Can't work my regular job, can't get unemployment, and disability doesn't pay enough to live on.

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I totally get the frustration. The system isn't designed for people who are partially disabled but still want to work.

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One thing to consider is that even if you can't get regular UI benefits, you might qualify for other programs. There are vocational rehabilitation services through L&I that could help you transition to different work. But yeah, definitely need to talk to Washington ESD about your specific situation first.

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I hadn't thought about vocational rehab. That might be something to look into if I can't go back to my old job.

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Yeah, L&I has programs to help retrain people for different careers if they can't return to their previous work. Might be worth exploring while you're figuring out the unemployment situation.

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I think the key question is whether you're considered 'able and available' for work. If your doctor says you can do light work but your employer doesn't have it available, you might have a case for unemployment. But you'd probably need documentation from your doctor and employer.

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That makes sense. I do have documentation from my doctor about what work I can do, and my employer said they don't have anything that fits those restrictions.

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Having that documentation is good, but Washington ESD is pretty strict about the 'able and available' requirement. They typically want you to be available for full-time work without restrictions.

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my sister went through this exact thing. she was on workers comp for her back injury but got cleared for desk work. her company laid her off because they said they didnt have any desk jobs available. she applied for unemployment and actually got it because she could prove she was available for work within her restrictions.

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Really? That gives me some hope. Did she have to appeal the decision or did they approve her right away?

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i think she had to appeal it first because they denied her initially. but she had all the paperwork from her doctor and the company saying they couldnt accommodate her restrictions.

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The timing matters too. If you're still receiving active workers comp payments, that's different from being on light duty but not getting paid. Washington ESD looks at whether you're receiving wage replacement benefits from another source.

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I'm still getting time loss payments from L&I, so that probably disqualifies me automatically.

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Yeah, if you're getting time loss payments, that's considered wage replacement and would likely make you ineligible for UI benefits. You can't double-dip on wage replacement programs.

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Honestly, the best thing you can do is just apply and see what happens. The worst they can do is deny you, and then you can appeal if you think they're wrong. But make sure you have all your medical documentation ready.

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I'm worried about applying and then getting in trouble for filing a claim I shouldn't have filed.

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As long as you're honest about your situation and provide all the required information, you won't get in trouble. They'll just make a determination based on your circumstances.

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I used that Claimyr service someone mentioned earlier when I was trying to get answers about my claim. It's actually pretty helpful if you need to talk to someone at Washington ESD quickly. The regular phone system is a nightmare.

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How much did it cost? I'm already tight on money with the reduced disability payments.

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It wasn't too expensive, and honestly it saved me so much time and frustration that it was worth it. Getting actual answers from Washington ESD instead of guessing made all the difference.

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Whatever you do, don't just assume you can't get benefits. The rules are complicated and there are exceptions. I know someone who was on partial disability but still qualified for partial unemployment benefits.

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Partial unemployment benefits? I didn't know that was a thing.

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Yeah, if you're working part-time or have reduced hours, you might qualify for partial UI benefits. Not sure how it works with disability though.

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The whole system is set up to make it as difficult as possible to get help. You get hurt, can't work your regular job, but still don't qualify for enough assistance to pay your bills. It's ridiculous.

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Tell me about it. I feel like I'm being penalized for getting hurt at work.

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That's exactly what it is. The system protects employers and insurance companies, not injured workers.

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Have you considered talking to a workers comp attorney? They might be able to help you understand your options and whether you have any recourse against your employer for not providing accommodations.

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I hadn't thought about that. Do you think it's worth it for something like this?

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Most workers comp attorneys offer free consultations. Even if they can't help with the unemployment issue, they might have insights about your overall situation.

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just wanted to say good luck with everything. being injured and dealing with all these different agencies is really stressful. hope you get some answers soon.

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Thanks, I appreciate that. It's been really overwhelming trying to figure all this out.

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Final thought - if you do decide to contact Washington ESD directly, make sure you have all your paperwork ready: medical restrictions, employer accommodation response, L&I claim number, etc. The more documentation you have, the better they can advise you on your specific situation.

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Good point. I'll gather everything together before I try to call them. Thanks everyone for all the advice!

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You're welcome! Hope you get it sorted out. The system is complicated but there are people who can help you navigate it.

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Keep us updated on what you find out! I'm sure there are other people in similar situations who could benefit from knowing how this works out.

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Will do! I'll post an update once I get some concrete answers from Washington ESD.

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One more resource - the Washington State Labor Council sometimes has advocates who can help with these kinds of situations. Might be worth reaching out to them too.

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I didn't know about that resource. I'll look into it, thanks!

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This thread has been really helpful. I'm in a similar situation with a different type of injury and wasn't sure about the unemployment/disability overlap either.

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Glad it helped! It's confusing for everyone. Hopefully we can both get some answers.

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Feel free to ask questions if you have a different type of disability situation. The rules vary quite a bit depending on the source of your benefits.

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