Disability Question in Ca (sales, insurance, attorneys)

[jakeHanson44]

Hi,

I was laid off from my employer of 13 years back in January after just having come back from surgery (had a laminectomy and dissectomy ). I filed for UI and after my interview was awarded UI benefits. In May I found a job working at a small restaurant and was told I would work around 40-45 hours with two days off a week. I decided to take the job because I felt that my back was healing and my doctor said I should feel better 5-6 months post surgery. I also wanted to get back to work ASAP.

I started my new job and worked during the month of May and continued to fill out my UI forms ( I indicated that I started working and reported all of my wages earned). The problem was that I only got two full days off during the entire month (I was an exempt employee) and was working an average of 55-60 hours a week and I was lifting heavy objects, bending, stooping, sweeping, etc. My back began to spasm severely throughout the day and it made it impossible to work there. Towards the end of May I was offered another job in sales and marketing, and the prospects of not being at a job where my back was killing me constantly sounded great. I accepted the new job and gave notice at the restaurant. I started my new job and my back gave out on me when I got home that same day, so I went to my doctor and he put me on short term disability for 3 months to give my back time to heal and so I had time to save up for a MRI (the xrays he took showed that my spine now had a prominent curve from the spasms I was experiencing). I explained that I was worried that I wouldn't be eligible for disability because I still had an open claim for UI. He told me that disability trumps UI and he's never had a patient that was denied disability.

Does disability supersede UI??

[BeauCharles]

I don't think you have to worry. State disability is pretty much the same benefit as UI (like 55-60% of your normal pay) and generally I think they prefer you to use it over UI if you're injured/disabled. I've never heard of anyone not getting short term disability when their doctor recommends and supports them on the claim.

[nightlysparrow]

Check this highly informative site for your answer:

//www.city-data.com/forum/unemployment/

[jakeHanson44]

Great, thank you both!

[NoMoreSnowForMe]

Originally Posted by jakeHanson44

Hi,

I was laid off from my employer of 13 years back in January after just having come back from surgery (had a laminectomy and dissectomy ). I filed for UI and after my interview was awarded UI benefits. In May I found a job working at a small restaurant and was told I would work around 40-45 hours with two days off a week. I decided to take the job because I felt that my back was healing and my doctor said I should feel better 5-6 months post surgery. I also wanted to get back to work ASAP.

I started my new job and worked during the month of May and continued to fill out my UI forms ( I indicated that I started working and reported all of my wages earned). The problem was that I only got two full days off during the entire month (I was an exempt employee) and was working an average of 55-60 hours a week and I was lifting heavy objects, bending, stooping, sweeping, etc. My back began to spasm severely throughout the day and it made it impossible to work there. Towards the end of May I was offered another job in sales and marketing, and the prospects of not being at a job where my back was killing me constantly sounded great. I accepted the new job and gave notice at the restaurant. I started my new job and my back gave out on me when I got home that same day, so I went to my doctor and he put me on short term disability for 3 months to give my back time to heal and so I had time to save up for a MRI (the xrays he took showed that my spine now had a prominent curve from the spasms I was experiencing). I explained that I was worried that I wouldn't be eligible for disability because I still had an open claim for UI. He told me that disability trumps UI and he's never had a patient that was denied disability.

Does disability supersede UI??

They're completely different beasts. To get UI, you have to be ready, able and willing to work. You are not. So, you would qualify for state disability.

I went through something similar. Got on workers comp, then state disability and finally filed for Social Security Disability Insurance (SSDI).

What I learned the hard way, and from a disability attorney after I'd filed for SSDI, is that I should have filed for SSDI right off the bat. Even if you are initially denied, the clock will tick from that initial filing date. It can take several years to get it.

So, file for SSDI. It will not affect your state disability at all. If you end up on SSDI, what happens is, they will pay the state for your state disability out of your SSDI backpay, or they just don't back pay you all the way back to your onset date, because you can't receive both state disability and SSDI. Forget exactly how that works, but you don't get to double dip, anyway.

Nothing will happen to you if you file the SSDI, and never use it. But, just in case you end up on it, the sooner you file, the better.

And FYI, most people are initially denied for SSDI. But, disability attorneys will handle the appeal. They don't normally help you until you have been denied, but you might want to talk to one to help you fill out the initial application. I did my initial application myself, was denied, then I hired an attorney and was approved.

It looks like you can apply online now:

Apply Online for Disability Benefits

[sourdough]

Get an attorney. He will refur you to an industrial injury doctor. You will be better off than going it alone. The laws are written by them and they have made it a necessity to have one to a get full benefits. Do it.

[jakeHanson44]

I wish I could, but I don't have enough money to hire one. I'll be lucky if I have enough money over the next month to pay for an MRI that I need as well. I'm currently on Blue Shield through Covered CA and I'll have to pay for my MRI out of pocket since my deductible for my insurance is $6,500. Not sure what I'm going to do.

[jakeHanson44]

Originally Posted by NoMoreSnowForMe

They're completely different beasts. To get UI, you have to be ready, able and willing to work. You are not. So, you would qualify for state disability.

I went through something similar. Got on workers comp, then state disability and finally filed for Social Security Disability Insurance (SSDI).

What I learned the hard way, and from a disability attorney after I'd filed for SSDI, is that I should have filed for SSDI right off the bat. Even if you are initially denied, the clock will tick from that initial filing date. It can take several years to get it.

So, file for SSDI. It will not affect your state disability at all. If you end up on SSDI, what happens is, they will pay the state for your state disability out of your SSDI backpay, or they just don't back pay you all the way back to your onset date, because you can't receive both state disability and SSDI. Forget exactly how that works, but you don't get to double dip, anyway.

Nothing will happen to you if you file the SSDI, and never use it. But, just in case you end up on it, the sooner you file, the better.

And FYI, most people are initially denied for SSDI. But, disability attorneys will handle the appeal. They don't normally help you until you have been denied, but you might want to talk to one to help you fill out the initial application. I did my initial application myself, was denied, then I hired an attorney and was approved.

It looks like you can apply online now:

Apply Online for Disability Benefits

Thanks for the info, but I was told that I shouldn't apply for SSDI, and that it isn't appropriate in my case and it will complicate what isn't a complicated situation for me. I appreciate your insight, though. I'm going to stick with CA SDI for now and then see if I can switch back to UI when I'm ready to go back to work.

[jakeHanson44]

Originally Posted by BeauCharles

I don't think you have to worry. State disability is pretty much the same benefit as UI (like 55-60% of your normal pay) and generally I think they prefer you to use it over UI if you're injured/disabled. I've never heard of anyone not getting short term disability when their doctor recommends and supports them on the claim.

Thanks for the feedback-it definitely helps me feel better knowing that people have never heard of someone being denied for CA SDI when their doctor backs them up. In fact, I got an email notice today from CA SDI that states that "New Medical Information" was received from my doctor so I'm assuming that my claim is in the process of being processed (hopefully it will go through soon). Since I submitted my claim on 6/12, I understand there is a one-week period that they don't pay you for, so is it safe to assume that I will receive retro pay beginning 6/19 if everything goes through? I heard it takes about 2 weeks to get your first payment, so I'm anticipating that on or around July 1 I will have my first claim payment posted to my EDD card. Thanks for any insight you can offer.

[NoMoreSnowForMe]

Originally Posted by jakeHanson44

Thanks for the info, but I was told that I shouldn't apply for SSDI, and that it isn't appropriate in my case and it will complicate what isn't a complicated situation for me. I appreciate your insight, though. I'm going to stick with CA SDI for now and then see if I can switch back to UI when I'm ready to go back to work.

Yeah, dang that complicated SSDI money that you could be collecting every month. Whew, good thing you dodged that potential income bullet.

If you know more than all the people out here who you asked for help from, then what the heck did you post for? You deserve what you don't get then.

You wasted my time and my empathy. A pox on you.