In California, can I get Unemployment when my disability ins

Submitted by Anonymous (not verified) on Thu, 07/23/2009 - 00:46

I completed the 52 weeks of SDI and I'm now wondering if I can file for unemployment after disability.

Posted: 23 Jul 2009 01:57 Post Subject:

If you collected SDI for 52 weeks then you have not recently worked so I doubt you could collect any unemployment benefits. First of all you would have to be willing and able to work but also you would have had to have some recent work since your unemployment benefits are paid according to quarters. They usually go by the last four quarters of work, which is a year, and you stated you were collecting SDI for that time period. I do not believe you would have any benefits payable.

Posted: 23 Jul 2009 09:59 Post Subject:

I completed the 52 weeks of SDI and I'm now wondering if I can file for Unemployment.



Why?? Are you no longer disabled? Has the doctor certified that you can join back the workforce? Can you search for job actively?

Posted: 05 Dec 2009 02:58 Post Subject: CA Unemployment

A couple of things for those in CA (I am an insider):

1. The interviewers do NOT automatically believe the claimant is lying. We do understand that Employers lie too as they have an interest in lying to us. The employer pays into unemployment, it does NOT come out of your checks.

2. If you are collecting unemployment and are engaging in self-employment or have a part time job, you MUST report your wages as you EARN them, not as they are paid.

-we will find out you are working and we will penalize you for it, it is fraud. We also know if you are working in other states.

3. If you do not have childcare, you do not qualify for benefits.

4. If you are caring for a relative full time, during your normal working hours for your occupation, you do not qualify for benefits.

5. If you are going to school during your normal working hours, you do not qualify for benefits. We do find out if you are in school.

6. We find out about everything you do, whether it's anonymous tips from people that know you, from other states, from your employer or former employers etc.

7. Employers in CA can fire you for any reason (except those protected under Civil Rights Act) or no reason. They do NOT have to give you a reason. The majority of the time, the ER's are the ones holding up your benefits!!!

8. You are more likely to get benefits if you get fired than if you quit.

9. We know when you go on Disability, you cannot collect both.

10. It is not a good idea to miss your interview if you have one! You will most likely be disqualified. They do not have to leave you a message to have you call back.

It is your responsibility to make sure you are available.

-it is your responsibility to make sure your information is correct, that you're reporting correctly, etc. Ignorance is not an excuse when it comes to the law and government money. There is literature that we mail out and there is PLENTY of literature online.

11. If you have a question during your interview, wait until the interviewer is done. **Many interviewers are jaded and impatient, it is not your fault, we deal with many MANY people that do committ fraud and should not be entitled to benefits. So it makes it harder for us to sympathize with those of you that are legitimately out of jobs.

12. The EDD staff do their jobs to the best of their ability, they have deadlines and standards of their own that are set by the Federal Government. They do not make the rules, they just follow them. They do not disqualify arbitrarily, we are trained to follow the letter of the law (the California Unemployment Insurance Code). If you dont' like it WRITE TO CONGRESS!!!!

Posted: 13 Jul 2010 08:43 Post Subject:

What if you are on disability and want to go to school part-time at night? My doctor still has me on disability but I'm so bored at home I need to do something before I go crazy; It's a Spanish class.

Posted: 14 Jul 2010 09:24 Post Subject:

Hi anonymous20

Education is somewhat different story altogether.Even if you are disabled and unfit to work still you could be able to get an online education/offline education as this is not considered as a income generating work.

DIMG

Posted: 23 Feb 2011 08:52 Post Subject:

This does in some cases raise an interesting point though - if you able to persue a course of study, are you also fit to work? perhaps in a different capacity?

Posted: 19 May 2012 01:05 Post Subject: Termed while on disability

I was terminated from my job while on disability, when do i apply for unemployment? Before disability terminates or after?

Posted: 05 Jun 2012 11:53 Post Subject:

Everyone needs to remember that in order to collect unemployment insurance benefits one actually must be able to work and must be actively seeking employment.

If you're disabled and can't work at all, it's highly unlikely you'll qualify for unemployment insurance benefits.

InsTeacher 8)

Posted: 15 Jan 2013 09:17 Post Subject: Unemployment to disability to unemployment concern..?

If someone can answer this I would appreciate it!, I got laid off for a couple weeks, during which time my arm keeps going numb from multiple previous back and neck problems that honestly peaked during this time. Pending my Doctor app. We're he will tell me if I can work, or need to wait and heel ; If I'm collecting UE benefits I assume I just stop filling the forms out, discontinuing those benefits and begin to file for disability for what will probably will turn into maybe 6-8months. So when I'm better and I'm waiting for my union to dispatch me to a company for a job, or waiting for my previous employer to fit me back in crew( field of construction) will I be able to get back on unemployment ? I have worked steady for 15 years and have more than paid my share into the system, to think it would only be based on the most recent last years quarters would just be disappointing! I thought it would be based on just your last jobs quarterly income? Specially seeing how i have always earned and paid well above to receive max benefits, and being the claims, unemployment-Disability I would be filing are all tied together and of the same time and circumstance..? I really don't know and anyone with knowledge on the matter would be so appreciated!!?

Posted: 17 Jan 2013 03:11 Post Subject:

Was answered here: http://www.ampminsure.org/feedback/about19521.html

Posted: 30 Jan 2013 10:15 Post Subject:

Unemployment benefits do not affect social security disability insurance. However. It does affect social security insurance.

You can't get state disability insurance and unemployment benefits. I speak from personal experience. Hope this helps.

Posted: 30 Jan 2013 06:52 Post Subject:

Unemployment benefits do not affect social security disability insurance. However. It does affect social security insurance.


Please explain what you mean by this?

If one is retired, and receiving Social Security Retirement benefit but is NOT actively seeking work, then they would not be eligible for unemployment benefits.

On the other hand, if one is receiving Social Security Disability benefits, one cannot collect unemployment benefits because they have been determined to be "unable to perform any substantial gainful activity".

Your statements do not make any sense.

Posted: 31 May 2013 09:55 Post Subject: SDI California

I was hurt at work in nov 2012. Have been under dr care since then. Dr placed me on desk duty only. Was fired in April. Applied for SDI after this happened. Dr submitted paperwork indicating I am currently unable to work as I will have to have surgery. Received my qualification letter form state. Says It. will have an answer within 14 days. Question- what is next. What do they need to decide. The dr says I am unable to work in my field as I cannot lift more that 10 pounds. Does the fact that I was fired disqualify me? I am just wondering what is next in the process. Thanks

Posted: 01 Jun 2013 04:17 Post Subject: SDI Ca

What is next in the process, having a hard time getting to the replies, sorry

Posted: 02 Jun 2013 11:31 Post Subject:

What was the reason for which you were terminated? You need to speak to a workers' compensation attorney ASAP. This will not cost you anything as WC attorney's fees are set by the court and paid for by the WC insurance company. You may also have a wrongful termination case, with which the WC attorney will also be able to assist.

As for SDI, you just fill out the paperwork, have your physician sign it, and submit it . . . and then wait. You should have an answer within a couple of weeks.

Posted: 09 Jun 2013 07:05 Post Subject: Ca SDI

I have an attorney, he told me to file for disability. Just rec my response from disability...they denied me and said I should file through WC. I was fired and told them...now what? Also, the insurance company keeps denying my Dr requests for phial therapy because they say he is not in their network,but, he is the Dr they sent me to. So...I am in limbo...very frustrating. The attorneys office says they are looking into it...

Posted: 10 Jun 2013 12:46 Post Subject:

I have an attorney, he told me to file for disability. Just rec my response from disability...they denied me and said I should file through WC.

and

The attorneys office says they are looking into it.

You obviously have an idiot for an attorney.

As I indicated previously, this is a workers' compensation case, not a personal disability case. Fire your attorney and find one who actually handles workers' compensation claims for a living. He/She will know what to do about the rest of your questions.

Posted: 11 Jul 2013 01:49 Post Subject:

I followed your advice...and yesterday we had a hearing at the court . I will begin receiving my temp disability pmts within 10 days and my physical theraphy is now back on, with the same dr, go figure. Strange thing though, they offered me a settlement. I say strange because they have not fixed me. Legal advice was to decline, so I did, also I will rec back pmts going back several months. So..thanks MaxHerr

Posted: 11 Jul 2013 03:54 Post Subject:

Good for you!! And thanks for being one of the few people who come back and let us know things like this.

I followed your advice

As in "fire your attorney" and get one who specializes in workers' compensation cases?

You do not want to accept a settlement until your health status is "permanent and stationary" -- meaning it has responded to treatment as much as possible and will not get worse. If your injury could result in a lifetime of medical care, then you must get that stipulation as part of your settlement.

If your attorney is a WC specialist, don't sign anything without reviewing the document with your attorney first!! Once you sign, your stuck with what you agreed to.

Posted: 12 Jul 2013 01:04 Post Subject:

@MaxHerr..yes, we got another attorney and gave her all the paperwork..she told us she would get everything she needed. A few days later she called/emailed that they were filing with the court but it could be a while befor we heard about a date. She said I would have to be patient but they would get income for me. Then at the last minute she called with the court date, well..we were told a week before. Maybe they pushed us in, idk. She had several cases that day. Anyway, strange thing, we never went into the court room, we just sat in the anteroom with all the others. After 20 minutes, our attorney came out and told us about the temp disability pmts starting along with back pay. And, get this, I had a part time job, which I have not been able to do since January, I will also get 2/3 of that pay also, go figure. When I was fired my employer told me that my workers comp ended that day and he put that in writing. My attorney could not believe he actually put that in writing. One interesting thing, another guy was there, he had neck and back injuries from his job. He was offered 85,000 to settle, he took it. Said his wife's insurance would cover his surgery...my attorney says not good move because work related and should make ever ins covet, must have not told truth to priv dr. This is basically what happened. ? Why would ins company go thru all this and end up giving me the pmts anyway along with back pay? Just curious

Posted: 12 Jul 2013 03:59 Post Subject:

Why would ins company go thru all this and end up giving me the pmts anyway along with back pay?

Mostly because they want to try to avoid a much larger lawsuit, which is still a possibility.

You found a good attorney, stick with her. She won't let you down. Glad you were able to make the change quickly and correctly. Not everyone is as fortunate.

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