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CosmicCowboy

Can you file for unemployment while on short term disability Washington ESD?

I'm currently receiving short term disability benefits through my employer's insurance plan and I'm wondering if I can also file for Washington ESD unemployment benefits at the same time? My disability is expected to last another 6-8 weeks but I'm worried about what happens when it ends and whether I should start the unemployment process now. Has anyone dealt with this situation before? I don't want to mess up either claim by doing something wrong.

Generally speaking, you cannot collect unemployment benefits while receiving short term disability because one of the main requirements for UI is that you must be able and available for work. If you're on disability, you're essentially saying you're unable to work, which conflicts with the able and available requirement.

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That makes sense, but what about when my disability ends? Should I wait until then to file or can I file now for benefits to start later?

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You'd need to wait until your disability period ends and you're actually able to return to work. The benefit year starts when you file, so filing early would just waste part of your benefit year.

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I tried this last year and Washington ESD denied my claim immediately because I was getting disability payments. They said it was an automatic disqualification until the disability ended.

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Did you have any trouble when you refiled after your disability ended?

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No, it was pretty straightforward once I was cleared to return to work. Just had to provide documentation from my doctor.

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Wait, I'm confused about this. I thought if you lost your job while on disability you could still file? My cousin said she did this in Oregon but maybe the rules are different here.

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The rules vary by state, but in Washington the able and available requirement is pretty strict. Being on disability typically means you're not available for work.

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Actually, I had to use Claimyr.com to get through to someone at Washington ESD about this exact situation. The phone lines are impossible otherwise. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. The agent I spoke with confirmed that disability and unemployment don't mix.

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The key thing is the 'able and available' requirement. Even if your job was eliminated while you were on disability, you still need to be physically and mentally able to work and actively seeking employment to qualify for UI benefits.

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So basically I need to wait until my doctor clears me to return to work before I can even think about filing?

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Exactly. And make sure you have that medical clearance documented because Washington ESD will likely ask for it during the application process.

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this happened to me too!! was so frustrated trying to call washington esd about it, kept getting busy signals for weeks

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The phone system is absolutely terrible. I've been trying to get through for different reasons and it's nearly impossible.

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yeah someone mentioned claimyr earlier, might have to try that if i need to call again

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I work in HR and we see this question a lot. In Washington state, you absolutely cannot collect both benefits simultaneously. The state considers it double-dipping. However, once your STD ends and you're medically cleared to work, you can immediately file for unemployment if you don't have a job to return to.

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That's really helpful, thank you! Do you know if there's any waiting period after the disability ends?

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No waiting period beyond the normal one-week waiting period for unemployment. Just make sure you have your medical clearance documentation ready.

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Quick question - does this apply even if your employer terminated you while you were on disability?

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Yes, the able and available requirement still applies regardless of how your employment ended. You need to be cleared to work first.

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What about partial disability? Like if I can work part time but not full time due to my condition?

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That's a more complex situation. You might be eligible for partial unemployment benefits if you're able to work part-time but can't find suitable part-time work. You'd need to discuss your specific limitations with Washington ESD.

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Definitely something you'd want to call and clarify. I used Claimyr to get through when I had questions about my claim. Much easier than trying to call directly.

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I made the mistake of filing while on disability and had to pay back benefits later. Washington ESD was NOT happy about it.

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Oh no! How did they find out?

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They cross-reference with insurance companies and employers. Don't try to hide it - they will find out and you'll owe penalties on top of repayment.

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Yikes, that sounds like a nightmare. Good warning for everyone here.

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Does anyone know if this applies to workers comp too? I'm guessing it's the same situation but wanted to check.

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Yes, same principle applies. Workers comp benefits also conflict with the able and available requirement for unemployment.

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Workers comp is actually stricter because you're specifically unable to work due to a work-related injury. Definitely can't collect both.

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The system is so confusing! Why can't they just have clearer guidelines on the website?

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Right? I spent hours reading through their website and still wasn't sure about my situation.

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That's exactly why I ended up using Claimyr - needed to talk to an actual person who could explain my specific situation. Worth it to avoid making expensive mistakes.

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Just want to add that timing is important too. Don't wait too long after your disability ends to file for unemployment. There are deadlines for when you can backdate claims.

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Good point! Do you know what the deadline is?

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I believe it's within 4 weeks of when you became unemployed, but you should verify that with Washington ESD directly.

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Thanks everyone for all the helpful info! Sounds like I need to be patient and wait until I'm medically cleared before doing anything.

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That's the smart approach. Use this time to gather any documentation you might need and maybe start thinking about your job search strategy for when you're ready.

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And don't forget to keep records of everything - medical clearance, termination paperwork, etc. Washington ESD loves documentation.

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