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Taylor Chen

Can you collect unemployment and disability at the same time in Washington ESD?

I'm dealing with a complicated situation and need some guidance. I've been on temporary disability through my employer's insurance for a back injury, but my disability benefits are running out in about 3 weeks. My doctor says I'm not ready to return to full-time work yet, but I might be able to do some part-time or light duty work. Can I file for unemployment benefits with Washington ESD while I'm still technically on disability? I'm confused about whether these two benefits conflict with each other or if there's a way to transition from one to the other. Has anyone been in this situation before?

This is actually more common than you might think. The key issue is whether you're able and available for work, which is a basic requirement for unemployment benefits. If you're on disability saying you can't work, but then telling Washington ESD you can work, that creates a conflict.

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So I need to choose one or the other? What if my disability is ending anyway?

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When your disability ends, if your doctor clears you for some type of work (even part-time), then you could potentially qualify for UI benefits. The timing matters a lot.

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I went through something similar last year. You generally can't collect both at the same time because disability means you're unable to work, while unemployment requires you to be able and available for work. But there can be exceptions for partial disabilities.

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What kind of exceptions? My injury limits what I can do but I could still work in some capacity.

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If you're cleared for light duty or part-time work, you might qualify for unemployment if you can't find suitable work within those restrictions. But Washington ESD will need documentation from your doctor.

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I had a nightmare trying to get through to Washington ESD about this exact question. Spent weeks calling and either getting busy signals or being put on hold for hours. Finally used Claimyr (claimyr.com) to get connected to an actual agent who could explain my options. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process so much easier.

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How much does that service cost? I'm already struggling financially.

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It's way cheaper than losing weeks trying to get through on your own. The peace of mind knowing you'll actually talk to someone is worth it.

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Never heard of this before but anything is better than the endless busy signals from Washington ESD.

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You need to be really careful about this because if Washington ESD finds out you were collecting both benefits when you weren't supposed to, they can make you pay back the unemployment money plus penalties. I've seen people get hit with huge overpayment notices.

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That's exactly what I'm worried about. I don't want to mess this up and end up owing money I don't have.

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The safest thing is to talk to Washington ESD directly before you file. Get their guidance in writing if possible.

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been there done that, it's a total mess to figure out. the rules are so confusing and nobody at esd seems to know what they're talking about when you finally get through

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Did you ever get it sorted out? What happened in your case?

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eventually yeah but it took months and lots of back and forth. ended up having to appeal a decision they made

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Here's what you need to know legally: Washington state law requires that to collect unemployment, you must be able to work and available for work. If you're receiving disability benefits that are based on being unable to work, these are generally incompatible. However, if your disability is partial or temporary, and you can perform some types of work, you might qualify for unemployment benefits while looking for work that accommodates your limitations.

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This is the most helpful explanation I've seen. So it really depends on the specific medical restrictions?

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Exactly. The key is whether your doctor says you can work in some capacity. Washington ESD will want documentation of your work restrictions and that you're actively seeking work within those limits.

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I'm dealing with a similar situation right now. My worker's comp is ending but I still have restrictions. Called Washington ESD about 50 times over the past two weeks and keep getting disconnected. It's absolutely ridiculous that you can't get through to ask basic questions about eligibility.

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That's exactly why I ended up using Claimyr. The Washington ESD phone system is broken. At least with Claimyr you know you'll get through to someone who can actually help.

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I might have to try that. This is beyond frustrating.

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Just want to add that if you do qualify for unemployment while having work restrictions, you'll need to show that you're actively looking for work that fits your limitations. Keep a job search log and document how your restrictions affected your applications.

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Good point. Do I need to apply for jobs I physically can't do just to meet the search requirements?

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No, you should only apply for jobs you can actually perform with your restrictions. But you need to document why certain jobs weren't suitable due to your medical limitations.

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This whole system is so complicated. Why can't Washington ESD just have clear guidance on their website about this stuff instead of making people jump through hoops to get basic information?

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Right? I've been looking all over their website and it's like they deliberately make it confusing.

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The rules are actually there if you dig deep enough, but they're written in legal language that's hard to understand. Each situation is different too, which makes it complicated.

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I was in a similar boat last year - had shoulder surgery and was on short-term disability through work. When that ran out, I was cleared for desk work but not my regular job in construction. Washington ESD approved my unemployment claim because I was able and available for the type of work I could physically do. The key was having clear documentation from my doctor about what I could and couldn't do.

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This gives me hope! How long did it take for them to make a decision on your claim?

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About 3 weeks after I submitted all the medical documentation. They did call my doctor's office to verify the restrictions, so make sure your doctor is prepared for that.

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Did you have to look for construction jobs or could you focus on office work?

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I had to look for any work I could physically do with my restrictions. Ended up finding a dispatcher job that worked out great.

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Whatever you do, don't try to collect both at the same time without getting approval first. My neighbor got caught doing that and had to pay back like $8,000 plus interest and penalties. It was a nightmare that took years to resolve.

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Yikes, that's terrifying. I definitely don't want to risk that.

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Yeah, Washington ESD does not mess around with overpayments. They'll garnish wages and everything.

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One thing to consider is the timing of when your disability ends versus when you file for unemployment. If there's any overlap, you need to be very careful about how you report that to Washington ESD. Honesty is always the best policy here.

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Should I wait until my disability completely ends before filing for unemployment?

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That's probably the safest approach unless you get specific guidance from Washington ESD that says otherwise.

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I used to work for a different state's unemployment office (not Washington) but the rules are pretty similar everywhere. The bottom line is that you have to be able to work to get unemployment benefits. If your doctor says you can work with restrictions, document everything and be upfront with Washington ESD about your limitations.

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That's really helpful to hear from someone who worked in the system. Any other tips?

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Keep copies of everything - medical records, doctor's notes, correspondence with Washington ESD. If there's ever a question about your eligibility, having documentation will save you.

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I'm going through something similar but with mental health disability. The rules seem even murkier when it's not a physical injury. Has anyone dealt with psychiatric disabilities and unemployment?

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The same basic principles apply - you need to be able and available for some type of work. Mental health conditions can qualify if they don't prevent you from working entirely.

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I dealt with this after my PTSD diagnosis. Washington ESD required detailed documentation from my psychiatrist about what work environments I could handle.

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Just want to emphasize what others have said about getting official guidance from Washington ESD. I know their phone system is terrible, but this is too important to guess about. If you can't get through on the phone, try visiting a WorkSource office in person.

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Or use Claimyr to get through to them by phone. I've recommended it to three different people now and they all got their questions answered quickly.

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The WorkSource offices can be hit or miss too. Some locations have knowledgeable staff, others don't.

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Something else to consider - if you're not ready to go back to work when your disability ends, you might qualify for extended disability benefits instead of unemployment. Have you looked into that option?

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I didn't know that was an option. How do I find out about extended disability?

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You'd need to check with whoever is providing your current disability benefits - your employer's insurance, state disability, etc. Each program has different rules.

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The important thing is not to let fear of making a mistake prevent you from getting the benefits you're entitled to. If you're genuinely able to work within your restrictions and actively looking for suitable employment, you should qualify for unemployment benefits.

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Thank you, that's reassuring. I think I'm overthinking this because I'm scared of doing something wrong.

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Your fear is understandable but don't let it paralyze you. Get the information you need and make an informed decision.

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Bottom line: get medical clearance for some type of work, document your restrictions, be honest with Washington ESD about your situation, and keep detailed records of everything. If you follow those steps, you should be able to navigate this successfully.

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This has been incredibly helpful. I feel like I have a much better understanding of what I need to do now.

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Good luck! It's a complicated situation but definitely manageable if you approach it the right way.

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