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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was denied edd disability benefits saying my employer did

Customer Question

I was denied edd disability benefits saying my employer did not report any wages for me for the period stated. However, I have my tax records showing what I was paid during that time. This employer is a charity organization. What are my chances of being approved when I file an appeal with all my supporting documents from this employer?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My goal is to answer your question completely and thoroughly and to provide excellent service.

The reason why you may have received a denial is because many non-profit charitable entities are regrettably not required to contribute to SDI and their employees are not eligible to collect it. See here for a guide from the EDD that describes the non-profit entities that are exempt from the requirement to contribute to SDI: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDUQFjAD&url=http%3A%2F%2Fwww.edd.ca.gov%2Fpdf_pub_ctr%2Fde231np.pdf&ei=3IlBUIzMHZDrigKd2ICoBw&usg=AFQjCNGeqyW3THPASqnaqw4osHIILk1rXg&cad=rja

This explanation would make the most sense with regard to why your application has been denied. If your employer is exempt, there is unfortunately nothing you can do to obtain SDI. However, if after reading through he exceptions linked above you do not think that your employer is exempt, please let me know and I will do my best to assist you further.

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.
Patrick, Esq., Lawyer
Satisfied Customers: 6262
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for letting me know. It does seem unfair that after years of loyal service for Wycliffe Bible Translators, who are not a church, that I would not be entitled to the same as others working for other organizations.

Is there no option for me to look at?
Expert:  Patrick, Esq. replied 1 year ago.
Thank you very much for your reply and positive rating of my answer. I am truly sorry to have to deliver this unfortunate information, and I agree it is terribly unfair that employees of charitable organizations such as you are precluded from tax-funded social assistance programs.

The other avenues are private disability insurance, which any employee can purchase on their own behalf, and SSDI, which is essentially the federal version of "SDI." Of course, you cannot purchase private disability insurance retroactively, so that won't help you if you don't already have it.

With regard to SSDI, the disability typically needs to be long term--expected to last at least 12 months. Further, charitable organizations are tax exempt and as such may choose not to pay into Social Security. You may wish to ask your employer if they do pay into SS, and if the answer is yes and your disability is very long term, perhaps SSDI is something you may wish to look into. For more information on SSDI, see here: http://www.ssa.gov/pubs/10027.html#a0=1

Again, I am very sorry to deliver this unfortunate news to you and I wish you the very best moving forward.

Kindest regards.
Customer: replied 1 year ago.
Thank you! I actually have recently been granted permanent SSDI but was encouraged by EDD to try for SDI as well.
Expert:  Patrick, Esq. replied 1 year ago.
You are welcome.

I am very glad to hear that you were at least granted SSDI. I hope that you enjoy your Labor Day weekend.

Best wishes moving forward.

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