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Nia Davis

Can you collect short term disability and unemployment benefits at the same time in Washington?

I'm really confused about whether I can get both short term disability payments from my employer and unemployment benefits from Washington ESD at the same time. My doctor put me on partial work restrictions after a shoulder injury, but my employer doesn't have light duty available so they put me on unpaid leave. HR said I qualify for short term disability through our insurance, but I'm also thinking about filing for unemployment since I'm not working. Is this allowed or would Washington ESD deny my UI claim? I don't want to mess anything up or get in trouble for double dipping.

Generally speaking, you cannot collect both short term disability and unemployment benefits simultaneously in Washington. The key issue is the 'able and available' requirement for UI benefits. If you're receiving disability payments, Washington ESD considers you unable to work, which disqualifies you from unemployment benefits.

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That makes sense about the able and available requirement. So I need to choose one or the other?

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Exactly. You'll need to decide which benefit provides better coverage for your situation. Disability might pay more but unemployment gives you job search assistance.

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I was in a similar situation last year with a back injury. Washington ESD will ask specifically about any disability payments when you file your weekly claims. If you're getting STD, you have to report it and they'll usually suspend your UI benefits.

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Did you end up choosing disability over unemployment? How did that work out?

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I went with disability first since it paid more. When I was cleared to return to work but my job wasn't available anymore, then I filed for unemployment.

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That's smart - using them sequentially instead of trying to get both at once.

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Before you make any decisions, I'd suggest using Claimyr to actually talk to a Washington ESD agent about your specific situation. I found their service at claimyr.com when I had questions about my claim status. They help you get through to ESD without waiting on hold forever. There's even a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Much better than guessing about these complex rules.

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Thanks for the suggestion! I've been dreading trying to call Washington ESD because I know the wait times are horrible.

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Never heard of Claimyr before but anything that helps get through to ESD sounds useful.

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wait i thought you could get partial unemployment if youre working part time? wouldnt partial disability be similar?

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Partial unemployment is different - that's for people who are working reduced hours but are still able and available for full-time work. Disability benefits indicate you're medically unable to work.

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oh ok that makes more sense now

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This whole system is so confusing! I had to deal with something similar when I hurt my wrist at work. Workers comp, disability, unemployment - they all have different rules and half the time nobody can give you a straight answer about what you can and can't do.

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Exactly! It feels like you need a law degree just to figure out which benefits you qualify for.

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The worst part is when you find out you've been doing something wrong and have to pay money back.

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From what I understand, there might be some exceptions if your disability is partial and you're still able to do some types of work. But you'd definitely need to be upfront with Washington ESD about your restrictions and get their approval before filing.

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That's interesting - I do have partial restrictions, not a complete inability to work. Maybe there's more flexibility than I thought.

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Even with partial restrictions, if you're receiving disability payments, it usually disqualifies you from UI. The key is whether you're actively seeking and available for work.

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Check your short term disability policy carefully too. Some policies have provisions about other benefits that might affect your payments. My employer's STD policy said they would reduce payments if you got unemployment, so it was a moot point anyway.

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Good point - I should read through all the paperwork they gave me from HR.

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Mei Liu

Insurance companies are sneaky about stuff like that. They'll find any reason to pay you less.

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I used Claimyr when I had issues with my adjudication taking forever. Really helped me get through to an actual person at Washington ESD who could explain what was happening with my claim. Saved me hours of calling and getting busy signals.

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Was it expensive to use their service?

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Worth every penny when you consider how much time it saves and the peace of mind of actually talking to someone who knows the rules.

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The timing matters too. If you stop receiving disability benefits and then become able and available for work, you could potentially file for unemployment at that point. It's not necessarily an either/or situation permanently.

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So I could transition from disability to unemployment if my situation changes?

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Yes, as long as you meet all the UI eligibility requirements when you file. You'd need to be actively seeking work and available for full-time employment.

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Whatever you decide, make sure you're honest on all your applications and weekly claims. Washington ESD cross-references with other agencies and insurance companies. Getting caught trying to double-dip can result in fraud charges and having to pay everything back with penalties.

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Definitely don't want to risk fraud charges. Better to be conservative and follow the rules exactly.

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This is why talking to an actual ESD agent is so important - you get the official answer for your specific situation.

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I think you're overthinking this. Just pick whichever one pays more and go with that. If it doesn't work out you can always try the other one later.

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I wish it were that simple, but I don't want to mess up my eligibility for either program by doing something wrong.

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It's actually good that OP is being careful. These programs have strict rules and violations can have serious consequences.

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Has anyone here actually tried to get both at the same time? I'm curious what Washington ESD's response would be if you were completely upfront about the disability payments when filing your UI claim.

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I know someone who tried this and Washington ESD immediately denied the UI claim because of the disability payments.

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That's what I would expect. The systems are designed to prevent double benefits.

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Your best bet is really to call Washington ESD directly and explain your exact situation. I know it's a pain to get through, but that's the only way to get a definitive answer. Or use that Claimyr service someone mentioned - anything to avoid the hold times.

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I think you're right. I need to stop guessing and get the official word from Washington ESD.

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Agreed. Every situation is different and generic advice only goes so far.

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Thanks everyone for all the advice! I'm going to check out that Claimyr service and get in touch with Washington ESD directly. Better to get the official answer than risk making a costly mistake. I'll update this thread once I know more about my specific situation.

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One more thing to consider - if you're getting STD now, will you still have a job to return to when you're cleared for work? If not, you might want to preserve your UI eligibility for when you actually need it.

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That's a really good point. My employer said the leave is temporary but who knows what will happen in a few months.

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Companies say a lot of things. I'd plan for the worst case scenario.

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This thread has been really helpful. I'm dealing with a similar situation with workers comp and unemployment. It seems like the general rule is you can't get both, but talking to Washington ESD directly is the only way to know for sure.

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Glad it helped! It does seem like the consensus is to get official guidance rather than trying to figure it out ourselves.

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Workers comp is even more complicated because it's considered wage replacement. Definitely need professional advice for that situation.

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I went through something similar when I had surgery last year. The key thing Washington ESD told me is that you have to be "able and available" for work to get unemployment benefits. If you're receiving disability payments, they assume you're not able to work, which automatically disqualifies you from UI benefits. However, since you mentioned you have partial restrictions rather than being completely unable to work, your situation might be different. I'd strongly recommend calling Washington ESD directly to discuss your specific case - they can tell you definitively whether your partial restrictions would still allow you to meet the "able and available" requirement. Don't risk filing for both without getting official confirmation first, because if they find out later you could face serious penalties.

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