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Noah Torres

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

I'm really confused about whether I can collect both disability benefits and unemployment benefits in Washington state. I've been on partial disability for a back injury but I'm still able to work certain types of jobs. My doctor says I can do sedentary work but my previous job was warehouse work which I obviously can't do anymore. I filed for unemployment with Washington ESD but now I'm worried they'll deny me because I'm getting disability payments. Has anyone been in this situation? Can you actually collect both at the same time or do I need to choose one?

This is actually a really common question and the answer is no, you generally cannot receive both unemployment and disability benefits simultaneously. The reason is that unemployment requires you to be available and actively seeking work, while disability benefits are for people who cannot work due to their condition.

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That makes sense but what if my disability is partial? Like I can work but only certain types of jobs?

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Even with partial disability, Washington ESD requires you to be able and available for work. If you're claiming disability, it contradicts the unemployment requirement.

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This is actually a pretty common question and it's not as black and white as people think. The key thing Washington ESD looks at is whether you're 'able and available' for work. If you're on partial disability but can still work certain jobs, you might qualify for UI benefits. You just need to show you're actively searching for work you can physically do.

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That makes sense. So I should be looking for office jobs or desk work instead of warehouse positions right?

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Exactly! And make sure you document your job search activities properly. Washington ESD requires you to keep a log of your work search efforts.

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I tried to do this last year and Washington ESD made me choose. You have to certify each week that you're able and available for work to get UI benefits. If you're applying for disability, you're basically saying you can't work.

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What did you end up choosing? And did you have any problems with the decision?

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I stuck with unemployment because disability takes forever to get approved and I needed income right away. Glad I did because my back actually got better with physical therapy.

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You know what helped me when I was dealing with Washington ESD about complex eligibility questions? I used Claimyr to actually get through to a real person at the unemployment office. Their website is claimyr.com and they have this demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than trying to call and getting hung up on constantly.

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Never heard of that service before but honestly anything is better than spending hours on hold with Washington ESD just to get disconnected

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Exactly! I was able to get clarification on my specific situation instead of just guessing based on what I read online.

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I went through something similar last year. I was getting Social Security disability but still wanted to work part-time. The thing is, if you're claiming you can't work for disability purposes but then telling unemployment you're available for work, that's a contradiction they'll catch.

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Oh no, that's exactly what I'm worried about. How did you handle it?

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I had to be very specific about what types of work I could and couldn't do. Got letters from my doctor explaining my limitations.

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You might want to try using Claimyr to get through to a Washington ESD agent about this. I used them when I had questions about my claim status and actually got connected to someone who could give me specific guidance about my situation. They have a demo video at https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Way better than trying to call Washington ESD directly and getting hung up on.

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I've been trying to call Washington ESD for weeks with no luck. I'll definitely check this out, thanks!

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Never heard of Claimyr before but if it actually gets you through to someone at Washington ESD that sounds amazing. The phone system there is terrible.

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Be very careful about applying for both. Washington ESD can come after you for overpayment if they find out you were collecting UI while claiming you couldn't work for disability purposes. I've seen people get huge bills they had to pay back.

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Oh wow, I hadn't thought about the overpayment issue. That's really scary.

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Yeah my cousin got hit with a $4000 overpayment notice for exactly this reason. Took him two years to pay it back.

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WAIT A MINUTE. You can't just collect both willy nilly. There are strict rules about this and Washington ESD will absolutely investigate if they think you're trying to double dip. You need to be 100% honest on your weekly claims about any other income including disability payments.

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I'm definitely planning to report everything honestly. I just want to know if it's even possible before I waste time applying.

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You're right about being honest, but partial disability + unemployment is actually allowed in many cases. It's full disability that usually disqualifies you.

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What about if you apply for unemployment first and then your condition gets worse? Like what if you become disabled after you're already on UI?

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If your condition changes while you're on unemployment, you need to report it to Washington ESD immediately. You might become ineligible for UI but could then pursue disability.

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Makes sense, better to be honest than risk getting in trouble later.

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my friend got both for like 6 months but then they made her pay back the unemployment money because apparently she wasn't supposed to get both? idk the whole system is messed up

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That's terrifying! Do you know why they said she wasn't supposed to get both?

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something about not being available for full time work or whatever. she had to appeal it but idk what happened with that

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The key distinction is between temporary partial disability and permanent total disability. If you're on temporary partial disability, you can potentially qualify for unemployment benefits as long as you meet the 'able and available' requirement. You'll need to demonstrate that you're actively seeking work within your physical limitations.

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Mine is temporary partial disability, so that sounds promising. What kind of documentation did you need to provide?

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I had to submit medical documentation showing my work restrictions and proof that I was searching for jobs within those restrictions. Keep detailed records of every job application.

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I tried calling Washington ESD about this exact question last month and spent literally 4 hours on hold before getting disconnected. The automated system just kept telling me to file my weekly claim online but that doesn't answer whether I'm even eligible. So frustrating.

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That's exactly why I started using Claimyr. I was in the same boat - couldn't get through to anyone at Washington ESD. Now I just use their service when I need to actually talk to someone there.

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I might have to try that. This is too important to just guess about.

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I hate how complicated the system makes everything. You're already dealing with health problems and then they make you jump through all these hoops just to survive.

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I know right? It's like you're punished for being honest about your limitations.

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The whole system is designed to make you give up. That's why so many people just don't apply for anything.

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Have you considered vocational rehabilitation services? Sometimes they can help bridge the gap between unemployment and disability by helping you find work that accommodates your condition.

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I haven't looked into that. Do you know how to access those services in Washington?

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You can contact the Department of Social and Health Services Division of Vocational Rehabilitation. They have programs specifically for people with disabilities who want to work.

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Just went through this exact situation. I was on unemployment and my condition got worse. Used Claimyr to get through to Washington ESD and they explained that I needed to stop certifying for UI benefits if I was going to pursue disability. At least I got a clear answer instead of guessing.

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How long did it take you to get through to someone with Claimyr?

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Much faster than calling directly. I think it was like 15 minutes versus the hours I was spending before getting disconnected.

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Been there! The trick is understanding that 'able and available' doesn't mean you have to be able to do ANY job - just that you're able to do SOME work and available for jobs within your restrictions. I collected both for about 8 months while recovering from surgery.

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That's exactly my situation! Did you have any problems with Washington ESD questioning it?

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They did ask for medical documentation once, but as long as you're honest about your limitations and actively job searching, you should be fine.

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The key thing to understand is that these are two different systems with different requirements. Social Security disability and Washington ESD unemployment have opposite definitions of being able to work.

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This is a great point. For UI you have to be ready willing and able to work. For disability you have to prove you can't work or can only work very limited hours.

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So there's really no middle ground where you can get both?

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Not simultaneously, no. You have to pick one path based on your actual ability to work.

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One thing to watch out for - make sure you report your disability income when you file your weekly claims. Washington ESD will reduce your unemployment benefits based on other income you receive. Don't try to hide it because they will find out.

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Good point. Do you know how much they reduce it by?

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I think it's dollar for dollar reduction but I'm not 100% sure. You'd need to check with Washington ESD directly about the specific calculation.

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This whole situation is why I wish Washington ESD had better customer service. These are complicated questions that need real answers from real people, not just automated responses online.

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That's literally why services like Claimyr exist. When you can't get through to Washington ESD directly, sometimes you need help getting connected to the right person.

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I've never used a service like that but it might be worth it for peace of mind on something this important.

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Update: I called Washington ESD this morning and after 2 hours on hold, got disconnected again. I'm definitely going to try that Claimyr service someone mentioned. This is too stressful to keep guessing about.

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Smart move. Getting accurate information from Washington ESD directly is really the only way to be sure about your specific situation.

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Yeah, don't risk it. An overpayment notice from Washington ESD is not something you want to deal with later.

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I'm in a similar boat but with workers comp instead of disability. The rules seem to be different for every type of benefit. It's so confusing!

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Workers comp is different from regular disability benefits. You might want to start your own thread about that specific situation.

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Workers comp has its own set of rules about concurrent benefits. Definitely worth getting clarification on that separately.

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What if you're waiting for disability approval though? That can take months or even years. Do you just go without any income?

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If you're waiting for disability determination and you're truly unable to work, you wouldn't qualify for unemployment anyway since you can't meet the able and available requirement.

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That's such a catch-22 situation. The system really leaves people hanging.

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I think some people try to game the system but it always catches up with you. Washington ESD cross-references with Social Security and they will find out if you're double-dipping.

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Exactly, and the penalties are severe. Not worth the risk of fraud charges on top of overpayment.

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Definitely not trying to game anything, just want to make sure I'm following the rules correctly.

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My advice would be to really evaluate your situation honestly. Can you work or can't you? If you can work but just having trouble finding the right job, stick with unemployment. If you truly cannot work due to your condition, pursue disability.

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That's good advice. I think I need to have a serious conversation with my doctor about what my actual limitations are.

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Yeah get it in writing too so you have documentation either way you go.

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One more thing to consider - if you do apply for disability and get denied, you might be able to go back to unemployment if your condition hasn't worsened. But you'd need to check with Washington ESD about reactivating your claim.

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That's helpful to know. So it's not necessarily a permanent decision?

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Not necessarily, but there are time limits on unemployment claims so you can't wait forever to decide.

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For what it's worth, I also used Claimyr when I had questions about my eligibility. Really helpful to talk to an actual Washington ESD representative who could look at my specific case instead of just reading general information online.

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I'm definitely going to look into that service. Sounds like it could save me a lot of confusion.

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Yeah the video demo on their site really shows how much easier it is than trying to navigate the phone system yourself.

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Bottom line is you need to be consistent in your claims. If you're telling one agency you can work and another that you can't, that's where you get into trouble.

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Makes total sense. Consistency is key.

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And document everything! Keep records of all your communications with both agencies.

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Thanks everyone for all the helpful information. I think I have a much better understanding now of how these two systems work and why you can't collect both at the same time.

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Glad we could help! Whatever you decide, make sure you're honest with both agencies about your situation.

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Absolutely. I'd rather make the right choice upfront than deal with problems later.

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Just wanted to add that the job search requirement is still in effect even if you're on partial disability. You need to be applying for jobs you can actually do with your restrictions. Washington ESD will review your work search log.

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Good reminder. I've been keeping track of my applications but I'll make sure they're all for jobs I can physically handle.

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Exactly. Quality over quantity when it comes to your job search documentation. Make sure each application makes sense given your limitations.

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The bottom line is you need to be completely transparent with both agencies. Don't try to hide your disability from Washington ESD or hide your work availability from the disability office. Honesty is the only way to avoid problems down the road.

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That's my plan. I'd rather be denied upfront than have to pay back benefits later.

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Smart approach. The paperwork is a pain but it's worth it to do everything above board.

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Thanks for asking this question OP. I've been wondering the same thing but was too nervous to ask. This thread has been really helpful!

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No problem! I figured I couldn't be the only one dealing with this situation.

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These kinds of questions come up a lot. It's good to have the information out there for people who need it.

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