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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7140
Experience:  Significant experience in all areas of employment law.
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How long do you need to be in a job before you can have disability

Resolved Question:

How long do you need to be in a job before you can have disability related to your income, is it 6months or more? Thank you.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years 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 EDD states the criteria for SDI eligibility as follows:

- You must be unable to do your regular or customary work for at least eight consecutive days.

-You must be employed or actively looking for work at the time you become disabled.

- You must have lost wages because of your disability or, if unemployed, have been actively looking for work.

-You must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during a previous period.

- You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.) You must remain under care and treatment to continue receiving benefits.

- You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits.

- Your doctor must complete the medical certification of your disability. A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth. (If you are under the care of a religious practitioner, request a “Practitioner's Certificate,” DE 2502, from the SDI office. Certification by a religious practitioner is acceptable only if the practitioner has been accredited by Employment Development Department.)

http://www.edd.ca.gov/disability/DI_Eligibility.htm

While there is no requirement that you be employed for a specified period of time, you must have earned at least $300 in wages during your "base period." The base period, put simply, is the four preceding calendar quarters. The more wages you have contributed, the greater your benefits may be. See here for more information about this "base period" requirement: http://www.edd.ca.gov/disability/Base_Period.htm

So to summarize, while there is no requirement that you be employed for a specified length of time, you have to have earned at least $300 to be eligible, plus you have to meet the other requirements set forth above. Assuming an individual meets these requirements, they qualify for benefits.

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: 7140
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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