California SDI after UI (file, receive, claim, work)
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Hi,
I was laid off from work in September 2013. I received UI benefits until May 2014. Currently I'm pregnant and filed SDI claim in December. I have sufficient wages for SDI claim in my base period and actively looking for work since my lay off. Still I'm denied SDI benefits saying 'i have withdrawn from labor market before disability'. I haven't done anything like that. I've been applying for jobs regularly. But I think my caljobs.gov profile is disabled without my notice. But I hadn't had much luck with caljobs so stopped applying thru them. Should that matter? I have many emails proving my job applications, isn't that sufficient? I'm going file an appeal but wondering if it's worth the effort? Please advise. Thanks!!
Very tensed here.. please advise!! my caljobs profile is still active but haven't logged in their recently because I wasn't finding it useful at all. Should that matter? I applied to lot of companies thru internet though.
I was laid off from work in September 2013. I received UI benefits until May 2014.
Currently I'm pregnant and filed SDI claim in December. I have sufficient wages for SDI claim in my base period and actively looking for work since my lay off.
Still I'm denied SDI benefits saying 'i have withdrawn from labor market before disability'.
I haven't done anything like that. I've been applying for jobs regularly. But I think my caljobs.gov profile is disabled without my notice. But I hadn't had much luck with caljobs so stopped applying thru them. Should that matter?
I have many emails proving my job applications, isn't that sufficient?
I'm going file an appeal but wondering if it's worth the effort? Please advise.
No experts on SDI on this board. But, reviewing the CA website, it does appear not applying through CalJobs may be part of your issue now. CA has no proof that you've been actively looking for work prior to the SDI application and you've been unemployed for over a year. Any evidence - emails, etc. - of your job search efforts should be sufficient to prove work searches.
Are you now, because of the pregnancy, not looking for work because you are not able to accept work? Do you have medical documentation of this disability at this point in your pregnancy? How long do you expect this disability to last?
You may win at appeal if you can prove you were actively looking for work - but now cannot. It's certainly worth a try.
Quote:
You must be employed or actively looking for work at the time you become disabled.
You must have lost wages because of your disability or, if unemployed, have been actively looking for work.
Thank you for the reply. And yes, I'm too far along in my pregnancy (39 weeks) and not able to take up work. My physician has submitted all the necessary documentation. I have applied for DI 4 weeks prior to delivery and 6-8 weeks after delivery.
Unless there is a quirk in the Code somewhere which says you must have experienced a recent loss of wages, it seems to me you should eligible. CA ALJs are quite good.
Indeed. The timing could be better. Not sure how you'll manage this. You might want to submit the job search documentation with the appeal, stating that your baby is due within a week or so, and a phone appeal hearing would be helpful. Hearing itself, however, won't be scheduled for a month at least, I don't think, so a personal appearance might be doable. Not sure how CA handles SDI appeals.
Good luck.
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