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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am currently receiving California Disability Insurance for

Customer Question

I am currently receiving California Disability Insurance for a work-related injury (there is a Worker's Comp claim filed but Worker's Comp has not started to pay). I am enrolled in a university online program in an effort to obtain retraining and am now eligible for a student loan. There will be money deposited into my student account for tuition and the balance sent to me. Am I obligated to report the entire loan balance or only the money that is disbursed to me and available for living expenses? If I accept a loan that is equal to four disability payments will they suspend payment and then resume later? I receive certification forms intermittently so do I report this income by telephone as soon as it is received?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

Typically only "wages" earned for "services performed" will be deducted from or result in ineligibility to receive unemployment benefits. Notwithstanding this fact, the EDD should be apprised of all forms of income so that no suggestion of impropriety can be made. Student loans should not impact one's eligibility for benefits, however.

The larger obstacle to obtaining benefits is attending school in itself. This is because a claimant must be "actively seeking work" and "able and available to accept work" in order to be eligible. If a claimant is attending school on a full time basis, the EDD may regard that as an indication the claimant has withdrawn themselves from the work force or that they are simply unable to accept a job if one came up.

There are ways to attend school and still collect benefits, but the claimant must typically demonstrate either that their school schedule will not be an impediment to accepting work, or that they are willing to abandon school if a work opportunity arose. See here for much more information on the impact that attending school can have on one's right to collect UE benefits: http://edd.ca.gov/UIBDG/Able_and_Available_AA_40.htm#SchoolAttendance

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Customer: replied 1 year ago.
I'm not receiving unemployment benefits - I'm receiving temporary disability benefits through the EDD and taking classes online does not go against my doctor's activity recommendations. Could you please reread my questions and respond? Thanks so much!
Customer: replied 1 year ago.
Sorry - have not yet received your response.
Expert:  Patrick, Esq. replied 1 year ago.
I'm so sorry for my oversight! Honestly, it has been a long day and after I read your question I somehow got unemployment benefits stuck in my head and didn't think twice about it.

I am less familiar with the laws governing payment of SDI in this context, and so I will open the question back up to someone who may be able to provide a better answer.

Again, my apologies for the confusion. Someone else will be with you shortly. In th mean time, please do not respond to this message as doing so will only direct your question back to me and take it off the "active question" list.

Kindest regards.
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm sorry to hear of the confusion.

As your previous expert has opted out, I can assist you.

Very simply, you are only eligible for state disability because you are injured and presently unable to work, and you are not receiving workers' compensation disability benefits. Disability benefits are not dependent on your wealth, but merely on the fact that you are presently disabled. Any amount of money that you receive from a student loan, or from an inheritence, or a gift from a family member, etc.----none of that will disqualify you from receiving state disability benefits.

You are not obligated to report the loan, not any money that you may receive. The only thing that you would need to report is if you recover from your disability and are able to return to work. other than that, you are good to go. you may accept the loan proceeds without fear of losing your disability benefits from the state,

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided
. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug
LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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