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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I had planned to take short term disability due to hip replacement

Customer Question

I had planned to take short term disability due to hip replacement surgery. My employer laid me off before the surgery was scheduled. Am I still eligible for short term disability payments in California
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning David,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Were you receiving unemployment benefits between the time you were laid off and the surgery date?
2. Have you already had your surgery?
3. Have you already applied for state disability?

Doug

Customer: replied 1 year ago.

1. No I was just laid off on Monday


2. The surgery is scheduled for 6/28/13


3. Yes

Expert:  LawTalk replied 1 year ago.

Good morning David,

Thank you for the additional information.

Thank you for the additional information. You will want to immediately file for unemployment benefits, and begin looking for employment---even though your surgery is just a couple of weeks off. That will set up the situation whereby you are receiving benefits---at least until your surgery, and because you are looking for work at that time, you will be eligible for disability benefits..

It will also qualify you to receive CA State Disability after you have your surgery, and until such time as you can return to the workforce---up to 1 year after surgery. At that point---when you are released back to work by your physician--- if you do not get a job offer from your old employer, you may then apply to continue your unemployment claim again.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

Yesterday I had my primary surgeon fill out the short term disability form. I filled out my postion of the form and I mail it into California EDD My surgeon certified my disability for the day after I was laid off but said I was being treated since 2010.


 


Good move or no?

Expert:  LawTalk replied 1 year ago.
Good morning David,

That is fine. Just be sure that you are getting unemployment benefits and looking for new employment right up to the day you have your surgery. It is that which makes you eligible for disability benefits. The fact that you have been treated for this condition for years is of no importance to your qualification for benefits.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Expert:  LawTalk replied 1 year ago.
Good evening David,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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