How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

California : EDD UI to SDII was hurt at work then fired

Resolved Question:

California : EDD UI to SDI I was hurt at work then fired 4 days after I hired a workers comp attorney. I applied for SDI but could not get into a Dr so I in turn applied for and got UI. Now I finally had got into the Dr and he sent in his paperwork to SDI now they are holding my UI money because I have a SDI claim. I don;t need the SDI claim and want to continue on UI as I have a job offer coming in about 30 days and I an able to preform the work no problem. How do I handle the phone interview to keep UI and cancel SDI? EDD UI is calling me in a few days. Thanks

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm very sorry to hear about your situation and hope I can help.

 

My goal is to provide you with excellent service today, so please let me know if you need any additional information or have any follow up questions.

 

This is a problem that many workers with injuries get themselves into with the EDD. The reason why your SDI claim held up your UI claim is that in order to receive and continue to receive unemployment benefits you need to be ready and able to work. If you are disabled, it means that you are not ready and able to work, so while you would be eligible for SDI, you then eliminate your UI eligibility.

 

At the same time, this is an automatic flag to the EDD that something may be amiss in your UI claim, since your SDI claim means that you're claiming that you actually weren't ready and available to work during the time you were collecting unemployment benefits. When you send in an SDI claim form after receiving UI benefits for a period of time, the EDD may call into question whether you were disabled and unavailable to work during the time you were receiving unemployment benefits.

 

Unfortunately, there is no way or unringing this bell once its been rung, but you can do your best to minimize the damage. If you want to continue receiving UI and have your SDI canceled, you should inform EDD that the doctor who treated you was in error and that you are available and able to work, especially considering you have a job offer coming in a month.

 

EDD may be skeptical of this, so if they don't take you at your word, you may need to get another doctor's opinion, or the same doctor's opinion to state that you are ready and available to work as you first stated.

 

A second option would involve an 'alternative fact pattern.' If you somehow aggravated your injury after work and before you saw the doctor. If that is the case, then your unemployment benefits claim could be considered valid as well as your new application for SDI benefits, since you would have been available and ready to work prior to the aggravation of your injury and unable to work afterwards.

 

I'm not advising you to be dishonest with the EDD, but the latter fact pattern is likely to lead to a better result (EDD allowing your prior UI claim and granting your SDI claim), although it may need to be supported by statements that you made (or didn't make) to the doctor when he filled out the SDI application for you.

 

I know the above can be a little confusing, so again, please let me know if you have any follow up questions or need any additional information.

 

If not, please remember to rate my answer positively so I get credit for my work.

 

Thanks and best of luck!

 

Customer: replied 1 year ago.

I understand, and that raises another portion of this: I filed SDI first, it went nowhere because they could not get me into a Dr so I filed UI because it looked like SDI was not going anywhere. I am ready, willing and able to work but am still being seem by the Dr for my injury (elbow). They are holding my payment right now and we really need it so I need to path of least resistance. I need them to release my money so I can move forward without more hassle.


 


Just to be clear:


 


Hurt, Hired Lawyer, fired, SDI app, delay because I could not get a Dr, filed and awarded UI, new Dr sends in Part B of SDI now I am at a standstill.


 


Thanks in advance

Customer: replied 1 year ago.

also, I have another part of the WC claim that is in limbo because the insurance company is has denied the injury, would that come into play or could it ? " I kind of thought the Dr was waiting for that portion of the claim to be approved before he determined if I was disabled or not?"

Expert:  Joseph replied 1 year ago.

Hello Gary,

 

You need to disavow the SDI application as much as possible in order to retain and continue on your UI benefits. You can explain that I was mistake that you ever filed it in the first place, and that's why you filed for UI, since you were ready and available to work. You should try to minimize your disability (elbow) stating that it never prevented you from working certain jobs (don't mind if this goes contrary to your workers' compensation claim, it doesn't matter).

 

You should also talk to your doctor and explain the situation to him so he can change his diagnosis of you if the EDD were to call him (i.e. that your elbow injury does not prevent you from working, enabling you to continue to receive UI benefits. This is likely the opposite of what he said on Part B of the SDI form).

 

The workers' compensation may be able to come in at a later stage to demonstrate that you weren't actually injured. You can also mention it in the interview, but I doubt it would be a deciding factor, since workers' compensation claims are considered separate from SDI and UI.

 

Customer: replied 1 year ago.

understood............... I was confused about SDI and UI and after filing the SDI I filed the UI, unknowingly the Dr. sent in part B stating that I was unable to perform work, however I am only really unable to perform heavy construction work,(what I was doing when I got hurt) not the project manager/sale engineer positions I am currently seeking and qualified for. I called SDI and tried to explain to them I just need to cancel this once I realized what it was and they told me to wait and talk to EDD...........

Expert:  Joseph replied 1 year ago.

Hello Gary,

 

Yes, it is quite a mess. EDD includes UI and SDI. They aren't separate entities. They just want require you to wait for the scheduled interview. (Whenever a current UI recipient files an SDI claim, or one is filed on his behalf, it triggers an automatic interview and a stop on your benefits).

 

You can explain the situation to them during the interview. It should definitely work out, since you can explain why the doctor (and SDI claim) accidentally may have given them the impression that you were unable to work completely, when you are actually only unable to perform heavy construction work.

 

 

Customer: replied 1 year ago.

got it. How would the effect the SDI claim? I assume it will be rejected and if in the future something in my shoulder (once the Dr is approved to deal with it) should cause me to need SDI I assume I could just stop UI and send in a new SDI claim?


 


I will await you reply then be sure you get paid for your time. THANKS MUCH, have a good evening

Expert:  Joseph replied 1 year ago.

Yes. It is impossible to receive both UI and SDI at the same time, since in order to receive UI, you need to ready and available to work.

 

While SDI requires that you be disabled to the extent that you are unable to work.

 

You could file for SDI in the future if your shoulder injury is aggravated.

 

Thank you and best of luck!

 

Have a great evening as well!

Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.