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Old 05-06-2018, 02:31 PM
1 posts, read 597 times
Reputation: 10


can anyone enlighten me as to meeting with an edd doctor to extend benefits?
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Old 05-07-2018, 02:40 PM
Location: TOVCCA
8,452 posts, read 14,173,431 times
Reputation: 12512
Presuming you already know that nobody, not even a doctor can extend unemployment---will assume you mean temporary disability---the EDD will send you to an Independent Medical Examiner (IME) because they think you've been on disability too long for the original diagnosis given by the doctor who put you on disability in the first place. How long you can be on disability is based on algorithms used by the EDD for how long a person should be on disability based on his/her diagnosis. If the length of your disability has exceeded what's considered typical for the algorithm of your diagnosis, the EDD will send you to an IME to see if there is any medical justification for why the algorithm parameter has been exceeded. Basically, the doctor will likely spend very little time with you and usually conclude that you can return to your usual and customary occupation. The trick is to emphasize to the doctor that you are still too disabled to perform the essential duties of your usual occupation--not just the job you left. If the EDD is not convinced of your disability after this meeting, your claim will de denied. This is the usual scenario. You have an appeal option--but if you lose you may have to pay back all of the disability money from the date the doctor said you should have returned to work. If you do appeal a denial, you'll go in front of a judge and tell your story; the doctor spent very little time with you and he/she never inquired as to whether you can or cannot perform the essential duties of your usual occupation, for any employer. At this point you will have to explain to the judge what the doctor should have assessed--if you're not ready to return to work. This, of course, is the worst case scenario. You may get a doctor who is up on his/her job and who may or may not recommend a return to work. Legal counsel is always an option.
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