by dedevaul5 » Thu Apr 28, 2011 05:08 am
I fell off the charts as a CA 99er in Feb.
Now I have painfull fibromyalgia with an MD completing forms for SDI. I was denied "You had withdrawn from the labor market prior to the date you became disabled because you were not working nor seeking work. Therefore you are not suffering a loss of wages due to your disability". I had been looking for work and completed EDD required reg with Cal-Jobs, then proved work-search records to EDD since Oct 2010-Feb 20, 2011. Why don't they already know this??
Also, the SDI elegibility webpage decsribes an exception to this time frame for the "based period" if the claimant is "long term unemployed"
Do I have any chance?
Now I have painfull fibromyalgia with an MD completing forms for SDI. I was denied "You had withdrawn from the labor market prior to the date you became disabled because you were not working nor seeking work. Therefore you are not suffering a loss of wages due to your disability". I had been looking for work and completed EDD required reg with Cal-Jobs, then proved work-search records to EDD since Oct 2010-Feb 20, 2011. Why don't they already know this??
Also, the SDI elegibility webpage decsribes an exception to this time frame for the "based period" if the claimant is "long term unemployed"
Do I have any chance?
Posted: Fri May 06, 2011 01:42 pm Post Subject:
If you were unemployed for more than 18 months, you have no "base wages" upon which to file a claim under SDI. Merely being unemployed and seeking work is insufficient in itself. The words you are relying on only work within 18 months of losing one's prior employment.
Of course they know you were seeking work. They would not have paid you unemployment benefits if you were not. The opening statement in their denial is the reason your claim was denied:
you are not suffering a loss of wages due to your disability
Things are tough in California when it comes to employment, no doubt about it. And raising taxes, as the Governor and Democrats believe is the only solution, will not help. But there are jobs out there -- if you're willing to take them.
You might be a skilled engineer or accountant who once made $80,000 a year. If that's the only thing you are willing to do, then you could be out of work for another 2 years or longer.
On the other hand, McDonald's, Carl's Jr, Burger King, Taco Bell, Arby's, and all the other fast-food places are always hiring (it can sometimes be tough to get hired if you don't speak Spanish), and so is Macy's, Target, WalMart, Costco and Sam's Club. Domino's Pizza and Pizza Hut are always looking for drivers and "Managers in Training".
There's lots of competition for those positions, and they don't pay more than minimum wage. Sadly, some people are simply "too proud" to accept anything that only pays minimum wage.
I can certainly sympathize with your situation. I understand that fibromyalgia can interfere with your ability to work. However, there are many people who suffer from it and still manage to work, because they don't victimize themselves.
Unfortunately, no matter what the doctor says, you still have no SDI claim today because you've not had any wages paid to you in the past 18 months. That's one of the downsides of paying people to be off work for two years. It turns them into non-workers.
"Why should I even go looking? There are no jobs, and I get paid for not working."
the SDI webpage decsribes an exception to this time frame for the "based period" if the claimant is "long term unemployed"
I don't find anything like this on the CA EDD website at all. Perhaps you can post a link?
There is work available out there -- if you're willing to accept it.
20 years ago last October, within two weeks of separating from my wife at the time, I was fired from a factory job paying $18 per hour. With a 5-year old master's degree in communications, 20 years' prior experience as a photographer, graphic designer, and photojournalist, and after four months of looking for something that would pay just $8-$10 per hour so I could make my mortgage payments, I sucked it up and went to work for Domino's Pizza as a "Manager in Training" making $6.00 per hour -- with tips, I made more money if I delivered pizzas instead of working in the store when we were short of drivers.
And, with overtime and the generous help of a roommate, I was barely able to make most of my monthly payments.
A couple of months later, I was hired as a master control operator by a TV station in Palm Springs and paid $8.00 per hour (and I drove about 70 miles one-way to work), and I also started doing some commercial insurance inspection work to help make ends meet. Life was a little better.
Two years later, I accepted a videotape operator position in Hollywood that offered $12 per hour (driving about 70 miles one-way to work). Within 6 months, I was a promoted to a department manager position, and within a year of that, now managing two departments, was once again making about $40,000 per year on salary. Life was pretty good.
Five years later, I was back in financial services, making more. Life was definitely better.
Don't give up, but don't expect the EDD to change its mind either.
Posted: Mon May 30, 2011 09:17 am Post Subject:
It's quite true that we all have to trudge through the various phases in life. Some times it will be hard for us and sometimes it will be a bit easier, but we shouldn't ever give it up. Once we give up, we'll never have the same opportunity to prove our worth. We might just have to start it all over again.
Posted: Sat Dec 03, 2011 09:11 pm Post Subject: EDD Disability
The EDD SDI has an exemption for the long term unemployed. They can move the base period in which your benefits are based. However, You have to request this before you file a claim. It says so in the fine print. It happened to me.
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