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Evelyn Rivera

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

I'm dealing with a complicated situation and hoping someone can help clarify the rules. I was laid off from my job in December due to company downsizing, and I immediately filed for Washington ESD unemployment benefits. My claim was approved and I've been receiving weekly payments. However, last week I was in a car accident and my doctor says I need to be off work for at least 6-8 weeks while I recover from back injuries. My former employer had short-term disability insurance that I'm still eligible for since the accident happened within 30 days of my termination. Can I collect both unemployment and short-term disability benefits simultaneously? I'm worried about reporting this wrong on my weekly claims and getting into trouble with Washington ESD.

This is actually a really common question and the answer is usually no - you can't collect both at the same time. The basic rule is that to be eligible for unemployment benefits, you have to be able and available for work. If you're receiving short-term disability, that means you're unable to work due to your medical condition, which would make you ineligible for UI benefits.

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That makes sense but it's so frustrating. I was actively job searching and then this accident happened. Do I need to stop filing my weekly claims immediately or can I finish out this week?

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You should stop filing weekly claims as soon as you know you're unable to work. Don't risk an overpayment situation by continuing to claim when you're not available for work.

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Wait, I thought there might be exceptions to this? I remember reading something about being able to collect unemployment if you're only temporarily unable to work for a short period. Maybe I'm wrong though.

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You're thinking of situations where someone might be sick for just a few days but still actively looking for work. A 6-8 week recovery period where you can't work definitely wouldn't qualify.

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Ah okay, that makes more sense. Thanks for clarifying!

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I went through something similar last year and had such a hard time getting through to Washington ESD to ask about this. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. It was really helpful because I was able to get a definitive answer about my specific situation instead of guessing.

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That sounds really useful! I've been dreading trying to call Washington ESD because I know how impossible it is to get through. How quickly were you able to talk to someone?

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It was pretty quick actually. Much better than spending hours on hold or getting disconnected. They handled all the calling hassle for me.

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I've never heard of that service but honestly anything is better than trying to call Washington ESD directly. Those phone lines are impossible.

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Here's what you need to know: Washington state follows the 'able and available' requirement strictly. If you're receiving STD benefits, you're essentially declaring that you're unable to work, which directly conflicts with the unemployment eligibility requirement. You'll need to choose one or the other, and honestly, STD might be the better option if it pays more than your weekly unemployment amount.

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The STD benefit is actually higher than my unemployment, so that does make financial sense. I just hate losing my unemployment claim when I was finally getting somewhere with my job search.

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I understand the frustration, but think of it this way - once you recover and are able to work again, you can potentially reopen your unemployment claim if you haven't found a job yet.

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Can you reopen an unemployment claim after taking a break like this? I didn't know that was possible.

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Yes, you can request to reopen your claim, but there are specific procedures and you might need to serve a waiting week again. It's not automatic.

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Good to know! The unemployment system is so complicated.

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This whole system is ridiculous. You get hurt through no fault of your own and suddenly you lose your unemployment benefits? What if the STD doesn't cover as much as unemployment? It's like being punished for getting injured.

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I get the frustration, but the logic is that unemployment is for people who are ready and able to work but can't find a job. If you can't work due to injury, that's a different situation that disability benefits are designed to cover.

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I guess that makes sense legally, but it still sucks for people in tough situations like this.

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What happens if you don't report the STD benefits and keep collecting unemployment? Not saying you should do this, just curious about the consequences.

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That would be considered fraud and could result in serious penalties including having to pay back all benefits plus fines and potentially criminal charges. Washington ESD does cross-check with other agencies and insurance companies.

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Yikes, definitely not worth the risk then.

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Yeah, I definitely don't want to risk fraud charges. I'll play by the rules even though it's frustrating.

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I had a friend who was in a similar situation and she said the key is documentation. Make sure you have clear records of when your disability period starts and ends so you can properly report everything to Washington ESD.

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That's good advice. I'll make sure to keep all my medical documentation and correspondence organized.

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Just want to add that you should also check if your STD benefits are subject to any waiting periods or if there are gaps in coverage. Sometimes there might be a week or two where you're not covered by either program if you're not careful about the timing.

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Good point! I'll need to check the exact dates when my STD kicks in versus when I should stop my unemployment claims.

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Yes, timing is crucial. You don't want any gaps but you also don't want any overlap that could cause problems later.

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I'm going through something similar but with workers comp instead of STD. The rules are probably different but the 'able and available' requirement seems to be the same issue.

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Workers comp has its own set of rules, but you're right that the able and available requirement would still apply for unemployment benefits.

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Does anyone know if you can do part-time work search activities while on STD? Like, could you still apply for jobs that might start after your recovery period?

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You can always look for future employment, but for unemployment benefits you need to be available for immediate work. If you tell an employer you can't start for 6-8 weeks, that wouldn't meet the availability requirement.

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That makes sense. So really you have to choose between the benefits based on your current work capability, not future plans.

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OP, have you considered talking to someone at Washington ESD directly about your specific situation? Sometimes there are nuances that general advice doesn't cover.

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I've been trying to call but you know how impossible it is to get through. Someone mentioned that Claimyr service earlier - I might try that.

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I used Claimyr too when I had questions about my claim. It's definitely worth it to get official guidance rather than just guessing based on what you read online.

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This is why I hate the unemployment system. Everything is so black and white with no consideration for real-life complications. Life happens and people get caught between programs.

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I feel you. The bureaucracy can be really frustrating when you're dealing with multiple issues at once.

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Quick question - does the STD benefit count as income that you'd have to report on future unemployment claims if you reopen later?

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STD benefits typically aren't considered wages for unemployment purposes, but you should definitely ask about this when you speak with Washington ESD about reopening your claim.

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OP, whatever you decide, make sure you document everything and keep records of all your communications with both programs. It'll save you headaches later if there are any questions.

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Absolutely. I'm already starting a file with all my paperwork. Thanks everyone for all the helpful advice!

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Hope your recovery goes smoothly! At least you have the STD option to fall back on while you heal.

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Thank you! Yeah, I'm grateful to have some income during recovery even if it means losing my unemployment benefits temporarily.

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Mei Liu

I work as a benefits counselor and see this situation frequently. You're absolutely right to be concerned about reporting correctly. The bottom line is Washington state requires you to be "able and available" for work to receive unemployment benefits. Since you'll be medically unable to work for 6-8 weeks, you should stop filing weekly claims once your disability period begins. However, I'd strongly recommend calling Washington ESD (or using a service like the Claimyr one mentioned above) to officially report the change in your status. This creates a paper trail showing you acted in good faith, which is important if you want to reopen your claim later. Also, make sure to get the exact start date for your STD benefits so there's no gap in coverage during the transition.

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This is exactly the kind of professional guidance I was hoping to find! Thank you so much for taking the time to explain this. The "paper trail" aspect is something I hadn't considered but makes total sense. I definitely want to do everything properly so I can potentially reopen my claim later without issues. I'll make sure to officially report the status change rather than just stopping my claims without notice.

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