California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question. I am so sorry to hear that you've been caught between this rock and a hard place, so to speak.The reason why the EDD wants to speak to you is because one of the requirements for receiving unemployment benefits is that the claimant be "able and available" to immediately accept new work. Every week that you re-certify your claim, you are recertifying under penalty of perjury that you are free of any health problems that would prevent you from working.Of course, an application for disability benefits runs directly contrary to the "able and available" requirement for unemployment benefits. Since you certified that you were eligible for both at the same time, this has naturally raised a red flag with the EDD.The EDD now wants to talk to you to get to be the bottom of this. They want to know if you are in fact able to work, or if you want to proceed with your disability claim. So, you will want to have a very clear answer for them one way or the other. If your answer is that you are unable to work and want to proceed with your disability claim, you must explain that you misunderstood the eligibility requirements for unemployment benefits. This, of course, is not a good position to put yourself in, since a failure to understand the legal eligibility requirements for benefits is typically no excuse, and if you have already received benefits since you submitted your disability claim, you may be forced to pay those back with a penalty.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Very best wishes to you.
The thing is I have been looking for work all along. I have not yet received treatments due to complications and have had MRI, Biopsy, and CAT scans. The VA has been wonderful to me. I have applied to dozens of companies and have records: ViaSat, Nike, LPL Financial (interviewed there but did not get job), Res Med, Volt. Could I tell EDD that my doctor and I talked and I decided to bite the bullet and continue to look for work while recieving treatment?
I am only applying for CA short term disability and told my VA doc I would not apply for VA disability. They are helping me because I am honorably discharged vet who is out of work right now. They charge me a nominal fee for services and perscriptions. It is debateable if my medical is due to my service (Navy). So the VA is only my medical source and I am so thankful. But I need to know how to deal with EDD because they scare me and I can't see them on my 'radar'. Thank you for helping me.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).