Can I keep getting my state disability payments? (appointed, insurance)

[Journeyhand]

I am getting sdi payments now for a hernia since I can not work my normal construction job. I am scheduled to have surgery for it at the end of this month but since I am not in much pain I am thinking about canceling my surgery. If I cancel and do not get the surgery done can I keep getting sdi payments? I read on the edd website that sdi is funded by us employees and it looks like I can get benefits for up to 52 weeks as long as I can not do my normal work.

[Mike121]

I think you're asking the wrong question.

A better question is this: If you can fix you hernia and go back to work, would it be immoral to refuse the surgery just so you can continue on government benefits and not have to work?

[Journeyhand]

Originally Posted by Mike121

I think you're asking the wrong question.

A better question is this: If you can fix you hernia and go back to work, would it be immoral to refuse the surgery just so you can continue on government benefits and not have to work?

No, actually I think my questions are clear. Thanks for throwing your moral spin on it though. That's awfully noble of you.
I'm really not interested in peoples moral opinions. I'm looking for facts on the rules and regs. I plan to use my time off training for a new profession that may not be so hard on my body. The question is, will the rules allow for me to do this?

[CALGUY]

I believe the government department that handles sdi cases is always looking for ways to get people off the system, and obviously they are already aware that you are contemplating surgery.
They are in touch with your doctors.
If you refuse, they will bounce you off payments quicker than you can say it.

Bob.

[Gurbie]

Originally Posted by Journeyhand

I am getting sdi payments now for a hernia since I can not work my normal construction job. I am scheduled to have surgery for it at the end of this month but since I am not in much pain I am thinking about canceling my surgery. If I cancel and do not get the surgery done can I keep getting sdi payments? I read on the edd website that sdi is funded by us employees and it looks like I can get benefits for up to 52 weeks as long as I can not do my normal work.

The ethical considerations aside, I'm going to hazard a guess, and say that you still qualify for benefits by virtue of your existing disability. I doubt the state can compel you to get surgery if you don't want it.

It's an interesting question, that sent me on a fruitless Google hunt. Better ask somebody who knows (and then tell me. I'm curious.

[Journeyhand]

Originally Posted by Gurbie

The ethical considerations aside, I'm going to hazard a guess, and say that you still qualify for benefits by virtue of your existing disability. I doubt the state can compel you to get surgery if you don't want it.

It's an interesting question, that sent me on a fruitless Google hunt. Better ask somebody who knows (and then tell me. I'm curious.

I believe you are right. If you read the eligibility requirements there is nothing said about being required to follow prescribed treatments in order to remain elgible.
Disability Insurance - Eligibility
In the ineldgibility provision (at bottom of page linked above) I find nothing that says that if you do not follow prescribed treatments that you become ineligible for benefits. I can not find any fine print on this topic anywhere. I believe you are either able to perform your normal and customary work duties or you are not. I think it is just that simple. (for up to 52 weeks at least)

[coltoncity]

I think you can get away with it. Luckily for you they have a load of people trying to do the same thing so they can make some money. It would take them a while to get around to your case.

[Journeyhand]

Originally Posted by coltoncity

I think you can get away with it. Luckily for you they have a load of people trying to do the same thing so they can make some money. It would take them a while to get around to your case.

Well that's my concern, I don't want to "get away" with anything. I don't want to break any policies, rules or laws.

[CALGUY]

I think the best thing you can do is to contact the department handling your case,and ask therm.
I know the government requires that you not only see your own doctor, but doctors they recommend as well.

My feeling is, if the doctor chosen by the government stated you need surgery, and it would cure the problem, if you refused, they would bounce you off the system.
The government wants you back to work, and off disability if at all possible.
If you refuse treatment that could put you back to work, I am almost certain you could kiss sdi good-bye.

Bob.

[Journeyhand]

Originally Posted by CALGUY

I think the best thing you can do is to contact the department handling your case,and ask therm.
I know the government requires that you not only see your own doctor, but doctors they recommend as well.

My feeling is, if the doctor chosen by the government stated you need surgery, and it would cure the problem, if you refused, they would bounce you off the system.
The government wants you back to work, and off disability if at all possible.
If you refuse treatment that could put you back to work, I am almost certain you could kiss sdi good-bye.

Bob.

It is my understanding that the EDD would only require a claimant to see one of their appointed Dr's if they suspected fraud. Refusing the surgery can't put me back to work, I am still technically disabled and unfit to work. I think I'll consult a disability attorney.

Thanks Bob