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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34385
Experience:  Retired (mostly)
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applied for sdi 9/2010, payments began 10/2010 and notified

Customer Question

applied for sdi 9/2010, payments began 10/2010 and notified they were exhausted in 3/2011. Why did they stop? I have been in hospital for several months--sick again. How can I re-apply to get sdi? Still can't work.
Suzanne
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Under Unemployment Code 2653, SDI benefits terminate at the earlier of the date of the 52nd week of payment, or where the total payments equal or exceed the beneficiary's total wages during his or her disability base period. I can't calculate your total wages paid and compare them to your payments received, however, that is almost certainly the reason why EDD would state that your benefits are "exhausted."

You may want to consider applying for Social Security Disability Insurance benefits. See this link.

Please note: I am acutely aware of the difficulties of someone in your position. However, California law is straightforward and there is no exception for someone who remains disabled after their benefits are exhausted. Given that circumstances, you must look elsewhere for assistance. Social Security is the first resort. State Public assistance would be next.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 34385
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

If/when I can go back to work and then must stop again (a strong possibility), how long must I work at what wages to again start claiming SDI, and how are the weeks of payment determined? Thank you.

Expert:  socrateaser replied 3 years ago.
You must work between 5 and 18 months to qualify for new benefits. The benefits available are based upon your earnings in the highest quarter of your previous 12 month base period, which is explained at this link.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 3 years ago.

ARE THESE QUESTIONS COSTING ME $38 A SHOT? I UNDERSTOOD THERE WERE AT LEAST 5 I COULD ASK FOR THE $38. VERY WORRIED ABOUT THIS SET-UP. ??? DON'T MIND THE $38 FOR SEVERAL QUESTIONS...BUT A RIP-OFF OTHERWISE. NOT YOUR FAULT -- BUT NOT A WHOLE LOT MADE CLEAR TO NEWCOMERS. LIKE, THE WAIT MIGHT BE FROM ONE TO 24 HOURS.

 

THANKS. HOPE I'M NOT CHARGED FOR THIS ONE

Expert:  socrateaser replied 3 years ago.
The system may attempt to obtain payment from you. It may send you emails with my userid. I do not control the system, nor do I authorize the emails, or have any control or account information. And, I am not requesting further payment from you.

I "justanswer" the questions, and I get paid, if you click Accept -- that is the extent of what I know about the website's operations.

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Once again, if the system requests another Accept, please feel free to ignore it.

Hope this helps and thanks for your contribution!

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