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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33552
Experience:  Retired (mostly)
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I work full time right now in a high level management position.

Resolved Question:

I work full time right now in a high level management position. I have post partum depression and anxiety. The stress of my job has become too much and my doctor is telling me I need to work less hours AND in a different position (possibly a different company as well) due to my disability. I am on 2 different meds and in counseling but due to my stress at work it is worse. I was on disability for 3 months after my baby was born but returned to work for 5 months and unable to do my job due to this illness and now being counseled for not performing. So my question: Can I get SDI and then work a new job for less money part time and receive CASDI to make me "whole" (closer to 100% income) of my current job? No way I can survive on disability payments alone...

Thanks in advance....
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Under Unemployment Code 2656, "An individual eligible to receive disability benefits who receives wages or regular wages from his employer during the period of his disability shall be paid disability benefits for any day in an amount not to exceed his maximum daily amount which together with the wages or regular wages does not exceed for such day one-seventh of his weekly wage, exclusive of wages paid for overtime work, immediately prior to the commencement of his disability."

Thus, if you work for a different employer at a less strenuous job, you will nevertheless be limited to the lesser of the maximum daily disability amount or 1/7th of your previously established weekly wage.

See also CUIAB P-D-55.

Hope this helps.

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Customer: replied 2 years ago.
So the total of new salary and my disability just cannot be more than 100% of my current salary?
Expert:  socrateaser replied 2 years ago.
Correct.
socrateaser, Lawyer
Satisfied Customers: 33552
Experience: Retired (mostly)
socrateaser and 3 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Than you!

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