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Diego Rojas

Can you collect Washington ESD unemployment while on short term disability benefits?

I'm currently receiving short-term disability payments from my employer's insurance plan for a back injury that happened at work last month. My doctor says I'll be out for at least 6-8 more weeks. A coworker mentioned I might be able to collect unemployment benefits at the same time since I'm not technically 'fired' but I'm also not working. Has anyone dealt with this situation before? I'm confused about whether Washington ESD allows you to file for UI while getting disability payments. My STD only covers about 60% of my regular pay so any extra income would really help right now.

Unfortunately, you generally cannot collect unemployment benefits while receiving short-term disability payments in Washington state. The key requirement for UI eligibility is that you must be able and available for work. If you're receiving disability payments, that indicates you're unable to work due to your medical condition, which disqualifies you from unemployment benefits.

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That makes sense but it's frustrating. So basically I'm stuck with just the 60% from disability until I'm cleared to return to work?

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Correct. The 'able and available' requirement is strictly enforced by Washington ESD. However, once your doctor clears you to return to work and your employer doesn't have a position available, then you could potentially file for unemployment.

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Wait I thought there were exceptions to this rule? I remember reading something about partial disability or if you can do some types of work but not your regular job. Maybe worth calling Washington ESD to ask about your specific situation?

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You're thinking of partial disability situations, but those are really rare exceptions. Most STD cases involve complete inability to work temporarily.

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Good luck trying to reach someone at Washington ESD though - I've been trying to get through for weeks about my own claim issue.

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I was in a similar situation last year and couldn't get through to Washington ESD no matter how many times I called. Someone on here mentioned Claimyr (claimyr.com) which actually got me connected to an agent who explained the disability/unemployment rules clearly. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out if you need to speak with someone directly about your specific case.

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Never heard of that service before. Did they charge you a lot to make the call?

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It was worth it for me to get a clear answer instead of spending hours on hold. They handle the calling and connect you directly to Washington ESD agents.

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Interesting, I might try that too since I can never get through the regular phone lines.

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This whole system is so confusing! Why can't they just let people collect both if they need the money? It's not like we chose to get injured!

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I understand the frustration, but the logic is that unemployment insurance is specifically for people who are unemployed through no fault of their own AND able to work. If you're unable to work due to disability, you're not technically unemployed in the way the system defines it.

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Still seems unfair when disability barely covers basic expenses.

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What happens if you're on short term disability and then your employer terminates you while you're out? Do you become eligible for unemployment then?

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That's a complex situation that depends on why you were terminated and whether you're still considered unable to work. If you're cleared by your doctor to return to work but your job is no longer available, you might qualify for UI benefits.

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This happened to my sister - she had to wait until her doctor released her to work before she could file for unemployment, even though she was terminated while on disability.

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I'm dealing with something similar right now. Been on STD for 3 months and my employer is being weird about when I can come back. Should I file for unemployment now or wait?

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You need to be medically cleared to work before you can file for unemployment. Filing while still on disability could cause issues with both your STD payments and any future UI claim.

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Ugh this is so stressful. I just want to know what my options are.

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That's exactly why I used Claimyr to get through to Washington ESD - I needed clear answers about my specific situation instead of guessing from online forums.

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Does anyone know if this rule applies to mental health disability too? I'm on STD for severe anxiety but I feel like I could do some types of work, just not my high-stress job.

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The same rules apply regardless of whether it's physical or mental health disability. If you're receiving STD payments, Washington ESD will generally consider you unable to work.

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Mental health STD is tricky because you might feel capable some days but not others. Definitely talk to Washington ESD about your specific situation.

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This is why the system is broken. People are struggling financially and can't get help from either direction. STD doesn't pay enough and you can't get unemployment either.

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I feel this so hard. Been there myself and it's incredibly stressful.

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Right? Like we're supposed to just survive on 60% of our income while recovering from injuries or illness.

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What about if your STD benefits run out before you're cleared to return to work? Are you eligible for unemployment then?

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No, you still need to be able and available for work to qualify for unemployment benefits. If your STD runs out but you're still medically unable to work, you won't qualify for UI either.

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So what are people supposed to do in that gap period? That's terrifying.

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That's when people end up applying for state disability or other social services unfortunately.

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I think there might be some confusion here. Isn't there something called 'standby' status with Washington ESD for temporary layoffs? Maybe that applies here?

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Standby status is different - that's for temporary layoffs where you expect to return to the same job. It doesn't apply when you're unable to work due to disability.

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Ah ok thanks for clarifying. These rules are so complicated!

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Has anyone successfully appealed a denial when they tried to collect both? Maybe there are exceptions we don't know about?

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Appeals are usually unsuccessful in these cases because the 'able and available' requirement is pretty black and white. If you're getting disability payments, you're by definition not available for work.

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I tried to appeal something similar last year and got denied. The hearing officer was very clear that you can't collect both.

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This thread is making me worried about my own situation. I'm supposed to go back to work next week but what if my employer says they don't have a spot for me?

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If you're medically cleared to work but your employer can't provide work, you might qualify for unemployment benefits at that point. Document everything with your doctor and employer.

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Thanks, I'll make sure to keep all my paperwork organized just in case.

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The timing of when STD ends and when you can file for unemployment seems really important. Anyone know exactly how that transition works?

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You need medical clearance to return to work before you can file for unemployment. There shouldn't be any gap if you're cleared to work but your job isn't available.

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Make sure you file for unemployment as soon as you're cleared to work - benefits are calculated from when you file, not when you became unemployed.

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This is another situation where talking directly to a Washington ESD agent through Claimyr really helped me understand the exact timing requirements for my case.

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What if you're doing physical therapy or have work restrictions when you're cleared to return? Does that affect unemployment eligibility?

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As long as your doctor clears you for some type of work and you're actively seeking employment within your restrictions, you should qualify for unemployment if no suitable work is available.

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Ava Kim

The key is being 'able and available' for work that exists within your medical restrictions.

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Thanks everyone for all this info. Sounds like I need to focus on getting better and wait until I'm medically cleared before thinking about unemployment. Really appreciate everyone taking the time to explain this stuff.

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You're welcome! Focus on your recovery first. The unemployment system will still be there when you're ready to return to work.

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Good luck with your recovery! Hope you're back on your feet soon.

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Thanks everyone. This really helped clear things up for me too.

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I went through this exact situation about 8 months ago with a knee injury. The frustrating part is that Washington ESD is very strict about the "able and available" requirement - even if you feel like you could do some work, if you're officially on STD, they consider you unavailable. I tried to argue that I could do desk work while my knee healed, but they denied my claim because I was receiving disability payments. The good news is that once your doctor clears you to return to work (even with restrictions), you can file immediately if your employer doesn't have suitable work available. Keep all your medical documentation and communication with your employer - you'll need it when you're ready to file. Hang in there, the 60% from STD is tough but focus on healing properly so you don't re-injure yourself.

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