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Nia Jackson

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

I'm dealing with a complicated situation and need some advice. I got laid off from my warehouse job last month due to company downsizing, but around the same time I also injured my back pretty badly. My doctor says I might need surgery and I'm looking into filing for disability benefits. But I also need income now since I lost my job. Can I file for both unemployment through Washington ESD and disability at the same time? I'm worried one might disqualify me from the other but I honestly don't know how this works. Has anyone been in a similar situation?

This is actually a really common question and the answer is complicated. Technically you can apply for both, but there are some serious conflicts. For unemployment, you have to certify each week that you're able and available to work. For disability, you're essentially saying you can't work. Washington ESD will look at this very carefully.

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That's exactly what I was worried about. So if I'm getting disability payments, Washington ESD would deny my UI claim?

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Not necessarily denied outright, but you'd have to prove you're still able to work despite the disability. It's a tough balance to strike.

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I went through something similar last year. The key thing is being honest about your situation. If you can work but with restrictions, you might qualify for both. But if you're totally unable to work, then unemployment isn't an option since you have to be actively seeking work.

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What did you end up doing? Did you apply for both or just pick one?

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I started with unemployment first since I knew that process better. Then when my condition got worse I had to stop claiming and switch to disability.

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You should definitely talk to someone at Washington ESD about this before filing. I tried calling their customer service line but couldn't get through after hours of trying. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out if you can't get through the normal way.

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Thanks for the suggestion! I've been trying to call Washington ESD for days with no luck. How much does that service cost?

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I'd rather not get into pricing details here, but it was worth it for me to get actual answers instead of guessing. The agent I talked to explained exactly how the able and available requirement works with partial disabilities.

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ugh the whole system is so confusing!! I have a friend who hurt her shoulder at work and she got workers comp AND unemployment somehow. But that might be different since it was a work injury???

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Workers comp is totally different from regular disability benefits. That's a separate system entirely and has different rules about concurrent benefits.

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oh ok that makes sense i guess. everything is so complicated these days

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Look, I've been dealing with Washington ESD for months on various issues and they are TERRIBLE at explaining these situations clearly. The website gives you generic info that doesn't help when you have a complex case like yours. You really need to talk to someone who knows the specific rules.

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That's what I'm finding too. The online info just says to contact them but then you can't actually reach anyone!

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Exactly! It's like they set up the system to discourage people from getting help. Super frustrating when you're already dealing with health issues.

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From what I understand, the biggest issue is the work search requirement. Even if you can receive both types of benefits theoretically, you still have to do job searches for unemployment and prove you're applying to jobs. Hard to do that if you're also claiming you're disabled.

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Right, and I can probably do some types of work but not my old warehouse job. So maybe I could search for desk jobs or something?

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That might work actually. You'd need to document that you're looking for work within your physical limitations. Keep detailed records of everything.

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been there done that, it's a nightmare to navigate. Started with unemployment after my layoff but then my chronic pain got worse. Had to choose between continuing UI claims or pursuing disability. Ended up with disability but it took forever to get approved.

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How long did the disability process take? I'm worried about having no income during the waiting period.

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About 8 months total for me, but everyone's different. That's why some people try to keep unemployment going as long as possible while disability is pending.

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Another thing to consider - if you're getting any kind of disability payments, it might affect your weekly benefit amount for unemployment. Washington ESD has offset rules for other income sources.

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Oh great, another complication I hadn't thought of. Do you know how much they reduce the benefits?

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I think it depends on the type and amount of disability payment, but I'm not 100% sure on the exact formula. Definitely something to ask about.

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Just want to follow up on my earlier suggestion about Claimyr. I used them again last week for a different issue and the agent I spoke with actually had experience with disability/unemployment overlap questions. Might save you a lot of time versus trying to piece together information from different sources.

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I actually looked into that service after your first mention. Going to try it tomorrow since I'm getting nowhere with regular phone calls.

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I'm curious about this too. My sister might need something similar for her situation.

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Let me add some clarity here since there's been a lot of speculation. Washington ESD does allow concurrent benefits in very specific circumstances, but you must meet ALL requirements for both programs simultaneously. For unemployment: able and available for work, actively seeking work, ready to accept suitable work. For disability: demonstrating you cannot perform substantial gainful activity. These can sometimes overlap if you have partial disability.

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This is really helpful, thank you. So I'd need to prove I can do SOME work but not my previous job due to the injury?

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Exactly. You'd need medical documentation supporting your work limitations and proof that you're seeking work within those limitations. It's definitely possible but requires careful documentation.

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wait so can you get both checks at the same time or not?? this is all so confusing and everyone is giving different answers

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Yes, you can potentially receive both, but it's complex and depends on your specific medical situation and work capacity. That's why talking to Washington ESD directly is so important.

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ok thanks for clarifying! probably should have read more carefully lol

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The real problem is that even if you qualify for both, Washington ESD will put your claim under extra scrutiny. Every week when you certify, they might flag you for review if they see any inconsistency between claiming you're available for work vs. having a disability.

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That sounds stressful. Like I'd be constantly worried about saying the wrong thing and losing benefits.

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It can be, but if you're honest and consistent in your reporting, you should be fine. The problems come when people try to game the system or aren't truthful.

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One more thing to consider - timing matters a lot. If you file for unemployment first and then develop a disability, that's different from having a pre-existing disability when you file for unemployment. Washington ESD looks at these situations differently.

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In my case the injury happened around the same time as the layoff, so it's kind of both? The timing is really close.

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That actually might work in your favor since you can show you were able to work when you were laid off, but then became disabled afterward.

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Just a heads up - if you do decide to pursue both, keep VERY detailed records of everything. Every doctor visit, every job application, every conversation with Washington ESD. You'll need documentation to support both claims.

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Good advice. I've been pretty good about keeping medical records but haven't started the job search documentation yet.

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Start now even if you haven't filed yet. Having a paper trail from the beginning will help if there are any questions later.

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My uncle did this a few years ago when he got laid off and then had a heart attack. He managed to get both unemployment and disability but it was a lot of paperwork and back and forth with different agencies.

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Did he have any issues with Washington ESD questioning the overlap?

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Yeah there were some questions initially but once he provided all the medical documentation they approved it. Took a few extra weeks though.

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Final update on the Claimyr thing - I mentioned it earlier but wanted to add that they were really helpful with complex questions like this. The Washington ESD agent I got connected to had dealt with disability/unemployment overlaps before and knew exactly what documentation would be needed. Saved me a lot of trial and error.

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I'm definitely going to try that service. This thread has been super helpful but I still feel like I need to talk to an actual Washington ESD person who knows the rules.

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Thanks for sharing that resource. I'm bookmarking it for future reference.

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To summarize for anyone reading this later: Yes, you can potentially file for both unemployment and disability simultaneously in Washington, but you must genuinely meet the requirements for both programs. Key points: 1) You must be able to perform some type of work for unemployment, 2) Document all medical limitations and job search activities, 3) Be prepared for extra scrutiny from Washington ESD, 4) Consider timing of when disability vs. unemployment situations arose, 5) Keep detailed records of everything.

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This is exactly the kind of summary I needed. Thank you everyone for all the advice and information!

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Great summary! This should help a lot of people in similar situations.

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UPDATE: I ended up using that Claimyr service someone mentioned and finally got through to a Washington ESD agent. They explained that I can file for unemployment now while my disability application is pending, as long as I'm honest about my work limitations and only apply for jobs I can actually do with my back injury. Going to start my UI claim tomorrow and document everything carefully. Thanks everyone for the help!

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Glad that worked out for you! That's exactly the kind of specific guidance that's hard to get otherwise.

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Perfect approach. You're being honest about your limitations while still meeting the available for work requirement. Good luck with both applications!

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Nice! It's refreshing to hear about someone actually getting helpful information from Washington ESD instead of getting the runaround.

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