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KingKongZilla

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

I'm dealing with a confusing situation and hoping someone can help clarify. I've been on short-term disability through my employer's insurance for a back injury, but my doctor says I might be able to do some light desk work soon. My HR department mentioned I might qualify for unemployment benefits too since I can't return to my original job duties. Is it possible to receive both short-term disability and Washington ESD unemployment benefits simultaneously? I don't want to mess up either claim by doing something wrong.

This is actually a really common question and the answer is generally no, you cannot receive both at the same time. Washington ESD requires you to be able and available for work to qualify for unemployment benefits. If you're receiving short-term disability, that typically means you're considered unable to work, which conflicts with the UI requirements.

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That makes sense but what if my doctor clears me for light duty work? Would that change anything?

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Yes, once you're medically cleared for any type of work, you could potentially qualify for UI if your employer can't accommodate your restrictions. You'd need to stop the disability claim first though.

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I went through something similar last year with a shoulder injury. You have to choose one or the other basically. I stayed on disability until I was fully cleared, then applied for unemployment when my job couldn't bring me back.

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How long did the unemployment application process take after you switched over?

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It took about 3 weeks to get approved, but I had all my medical documentation ready which probably helped speed things up.

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You definitely need to be careful here because collecting both could be considered fraud. I'd suggest calling Washington ESD to discuss your specific situation before making any moves. They can explain exactly what documentation you'd need if you transition from disability to unemployment.

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Good luck getting through to anyone at Washington ESD on the phone though. I've been trying for weeks about my own claim issues.

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Have you tried using Claimyr? I found out about it recently and it actually got me through to a Washington ESD agent. You can check it out at claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that but I'll definitely look into it. The regular phone system is absolutely useless.

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Wait I'm confused about something. If someone is on short term disability but their doctor says they can do SOME work, wouldn't that mean they're partially able to work? I thought Washington ESD had partial unemployment benefits for situations like that.

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Partial unemployment is different - that's for when you're working reduced hours at your existing job. If you're on disability, you're typically not working at all, so partial UI wouldn't apply.

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Oh okay that makes more sense. So it's really about whether you're actively working or not, not just whether you CAN work.

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This whole system is so frustrating! Why can't they just coordinate these programs better? It seems like people get stuck in limbo between disability ending and unemployment starting.

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I totally agree. The gap between benefits can really hurt people financially. I think you can apply for unemployment while still on disability as long as you don't actually collect both at the same time.

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That's interesting - so I could potentially file the application early to get the process started?

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I believe so, but you'd want to confirm that with Washington ESD directly. The timing can be tricky.

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OP, make sure you understand the job search requirements too if you do switch to unemployment. Washington ESD requires you to actively look for work and document your job search activities. If you have work restrictions from your injury, that could complicate the job search requirement.

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Good point. I hadn't thought about how my restrictions would affect the job search requirement. Would I need to only apply for jobs that accommodate my limitations?

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Yes, your job search should focus on positions you can actually perform. Keep detailed records of your applications and any employer responses about accommodations.

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I had a friend who tried to collect both and got in trouble with Washington ESD. They made her pay back the UI benefits plus penalties. Just be really careful about the timing and make sure everything is properly documented.

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Yikes, that's exactly what I'm worried about. Did she have to go through an appeal process or anything?

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She tried to appeal but didn't have enough documentation to prove she wasn't double-dipping. The whole thing was a mess and took months to resolve.

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For what it's worth, I used that Claimyr service I mentioned earlier to talk to a Washington ESD specialist about a similar situation. They were really helpful in explaining the exact requirements and timing. Saved me a lot of confusion.

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How much does something like that cost? I'm already strapped for cash being out of work.

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It's worth checking out their website for current info. For me, it was worth it just to get accurate information instead of guessing and potentially making an expensive mistake.

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The key thing is the 'able and available' requirement for UI. If you're receiving disability benefits, Washington ESD will assume you're not able to work. You need clear medical documentation showing you've been released for work before applying for unemployment.

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So I should get a letter from my doctor specifically stating I'm cleared for work, even if it's with restrictions?

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Exactly. The more specific the better. Include details about what type of work you can do and any limitations. Washington ESD wants to see that you're genuinely available for appropriate employment.

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Just want to add that if your employer offers you light duty work that accommodates your restrictions, you might not qualify for unemployment at all. Washington ESD generally expects you to accept suitable work that's offered.

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My employer said they don't have any light duty positions available, which is why HR mentioned unemployment as an option.

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In that case, make sure you get that in writing from HR. It'll be important documentation for your UI claim to show that suitable work wasn't available.

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been there done that, the timing is everything. I waited until my disability ran out completely before applying for unemployment. Took longer to get benefits but avoided any potential issues with overlapping claims.

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How long was the gap between your disability ending and unemployment starting?

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About 4 weeks total. It was tough financially but better than risking an overpayment situation that could have lasted months to resolve.

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Washington ESD has gotten stricter about this stuff lately. They cross-reference with disability insurance records now, so trying to collect both is basically impossible without getting caught.

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Really? I didn't know they could access disability insurance records. That's actually good to know.

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Yeah, they have data sharing agreements with most major insurers. It's part of their fraud prevention efforts.

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One more thing to consider - if you do transition to unemployment, make sure you understand the work search requirements with your medical restrictions. You might need to register with WorkSourceWA and they can help with job placement accommodations.

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I hadn't heard of WorkSourceWA before. Is that something required for unemployment benefits?

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It's not always required but it can be helpful, especially if you have work restrictions. They have vocational rehabilitation services that might be relevant to your situation.

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My advice? Talk to both your disability insurance company AND Washington ESD before making any moves. Get everything in writing so you have documentation of what you were told. That way if there are any questions later, you have proof you tried to do things correctly.

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That's really good advice. I'll start by contacting my disability insurer to understand exactly when my benefits would end.

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And if you can't get through to Washington ESD on the phone, that Claimyr thing someone mentioned earlier might be worth trying. I've heard good things about it from other people in similar situations.

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Thanks everyone, this has been really helpful. I feel like I have a much clearer understanding of what I need to do now.

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