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Selena Bautista

Can you file for unemployment while on disability in Washington state?

I'm currently receiving disability benefits through Social Security and wondering if I can also file for unemployment with Washington ESD? My disability is partial - I can work limited hours but haven't been able to find anything that accommodates my restrictions. I've been told conflicting information about whether you can get both benefits at the same time. Has anyone dealt with this situation before? I'm really struggling financially and need to know if this is even worth pursuing.

This is actually a complex situation that depends on the type of disability benefits you're receiving. If you're on SSDI, there are work incentives that might allow you to earn some income. For unemployment, Washington ESD requires that you be able and available to work, which could conflict with a total disability determination.

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It's SSDI, and I can work part-time according to my doctors. Does that make a difference for Washington ESD eligibility?

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Yes, that could make a difference. You'd need to show Washington ESD that you're actively seeking and able to accept suitable work within your restrictions.

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I tried this exact thing last year and it was a nightmare. Washington ESD put my claim in adjudication for weeks trying to figure out if I was actually available for work. The key is proving you can work despite your disability.

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How did you prove you were available for work? Did you need documentation from your doctor?

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Yes, I had to get a letter from my doctor stating what type of work I could do and for how many hours. Washington ESD also wanted proof I was actually looking for jobs that fit my restrictions.

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Getting through to Washington ESD to even ask about this was impossible for me. Spent hours on hold just to get hung up on. Finally used claimyr.com to get connected to an actual agent who could explain the rules. There's a helpful video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service before. Does it actually work for reaching Washington ESD?

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Yeah it worked for me when nothing else would. Finally got to talk to someone who understood the disability/unemployment overlap issue.

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I'm definitely going to check that out. I've been trying to call Washington ESD for days with no luck.

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The Washington ESD handbook says you have to be able to work to get UI benefits. But there's also reasonable accommodation requirements under ADA. It's really confusing how these laws interact.

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ADA doesn't really apply to unemployment benefits though, does it? That's more for employers.

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You're right, I was mixing up different laws. For unemployment it's really about whether you meet Washington ESD's able and available requirements.

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This whole system is broken. How are you supposed to be available for full-time work if you're disabled enough to get SSDI? Makes no sense.

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I agree it's frustrating but there are people who can work part-time even with disabilities.

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Then why is it so hard to get clear answers from Washington ESD about the rules?

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The specific issue is that Social Security defines disability as inability to work, while unemployment requires ability to work. However, if you're in a trial work period or using SSDI work incentives, you might qualify for both temporarily.

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I'm not sure if I'm in a trial work period. How do you find that out?

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You'd need to contact Social Security to check your status. They track your earnings during trial work periods.

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My neighbor was on disability and got unemployment for about 6 months before they caught it and made her pay it all back. Be really careful with this.

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Wait, they made her pay it back? Even if she was eligible?

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I think she wasn't supposed to be getting both at the same time. There was some rule she didn't know about.

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This is why it's crucial to get proper guidance before filing. Overpayments can be really serious.

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Used Claimyr last month when I had questions about my claim status. Super easy to use and actually got me connected to a Washington ESD rep who knew what they were talking about.

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How much does that service cost?

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It's worth it compared to wasting entire days trying to get through on the phone. Check out claimyr.com for the details.

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Another thing to consider - if you do qualify for both, you'll need to report your disability payments to Washington ESD. They might reduce your unemployment benefits dollar for dollar.

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So even if I can get both, the unemployment might be reduced to almost nothing?

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Possibly, yeah. It depends on how much your SSDI is compared to your unemployment benefit amount.

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I've been dealing with Washington ESD for months on a different issue and honestly the rules change depending on who you talk to. Getting consistent information is nearly impossible.

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That's why it's good to get things in writing when possible.

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True, but first you have to actually reach someone who can give you a definitive answer.

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The Washington ESD website has some info about this but it's buried in their policy manual. Look for the section on concurrent benefits.

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I'll try to find that. Their website is so confusing though.

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Yeah it's not user-friendly at all. The search function barely works either.

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Whatever you do, don't just file and hope for the best. I made that mistake with a different benefit issue and it took months to sort out the mess.

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That's exactly what I was worried about. Better to get clear guidance first.

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Definitely. The appeals process is a nightmare if they deny your claim or find an overpayment.

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Seriously recommend trying Claimyr if you need to talk to Washington ESD about this. Saved me so much time and frustration compared to calling directly.

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Does it work for all types of questions or just certain issues?

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From what I can tell it connects you to regular Washington ESD agents, so they should be able to help with any unemployment question.

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My understanding is that you can't get both benefits in Washington state. One disqualifies you from the other automatically.

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That's not entirely accurate. It depends on the specific circumstances and type of disability benefits.

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Maybe I'm thinking of a different state then. The rules are all different everywhere.

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I would definitely talk to a disability lawyer before doing anything. This could affect your SSDI if you mess it up.

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Good point. I don't want to risk losing my disability benefits.

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Exactly. Better safe than sorry with something this important.

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The whole system is set up to discourage people from trying to work. It's ridiculous.

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I get the frustration but there are reasons for these rules, even if they're not perfect.

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Maybe, but they make it so complicated that people just give up trying to work at all.

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Bottom line - you need to speak with both Social Security and Washington ESD to understand how your specific situation would be handled. Don't rely on general advice for something this complex.

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That makes sense. I'll try to get official guidance from both agencies before making any decisions.

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That's the smart approach. Make sure to document any conversations you have with them too.

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Good luck with this. It's a tough situation to navigate but there might be options available to you.

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Thanks everyone for all the advice. At least now I know what questions to ask.

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