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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4997
Experience:  Extensive experience representing employees and management
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I have been unemployed since 11/09 and have not been able to

Customer Question

I have been unemployed since 11/09 and have not been able to find work. I became disabled in 11/12 and filed for SDI in 3/13 when I was discharged from a skilled nursing facility. I requested a wage period substitution but have not received any information from SDI with regard to how far back I can go. Do you have an answer to that?
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.

There is actually no set length as to how far back EDD can choose to go in substituting your wage periods.

EDD will only do so, however, in limited situations, such as:
"military service, industrial disability, trade dispute, or long-term unemployment."

Since your base period was adversely affected by long-term employment, EDD may choose to allow you to substitute a sufficient number of base periods for your claim to be valid. That said, since you have been unemployed since 11/09, EDD would have to go back a few years to find you suitable earnings for your claim.

The way the law is written, there is no requirement that EDD go back a certain length of time or restriction on how far that they go back. Each situation is taken as a unique case, so there's a chance that your SDI claim would be granted.

I would also highly suggest that you file for Social Security Disability if you are permanently unable to work due to your disability.

Since my goal is to provide you with excellent service, please let me know if you have any follow up questions.

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

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4997
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

That sounds good but how do I get them to focus on that because they do not even respond to written correspondence?

Expert:  Joseph replied 1 year ago.
Hello Thomas,


Sorry for the delay. There must be a site issue, since I wasn't notified of your reply.

Yes, it is virtually impossible to get EDD to answer your phone calls or respond to written correspondence. The only real way of getting through to them is through the Ask EDD website, which you can find here:

https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx

They definitely should respond to your requests through the website.

I hope that additional information is helpful.

Thank you for your previous positive rating of my service!

Please request me diretly by placing 'to Joseph' at the beginning of your question and/or requesting me directly in California Employment Law.

Also, please remember to rate me nighly when you reeive your customer satisfaction survey (9-10), as high ratings ensure that I will continue to be able to assist you and other customers with their legal questions and issues.

Thanks and best of luck!



Customer: replied 1 year ago.

Joseph:


 


Thanks for your help! I will respond to them as you suggested.


 


Tom


 


 

Customer: replied 1 year ago.

Joseph:


 


I received a form letter today which denied my claim and referred me to Section 2612 of the California Unemployment Code which states:


 


"2612. Notwithstanding any other provision of law, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any person who cannot establish a valid claim pursuant to Section 2652 because he or she is unemployed during the normal disability base period established pursuant to Section 2610, there shall be excluded from the disability base period those quarters during which the person performed no services in employment for 60 days or more and was actively seeking work. For all quarters so excluded, there shall be substituted an equal number of quarters immediately preceding the commencement of the normal disability base period. Benefit rights under this section shall terminate for any disability benefit period that begins when the substitution quarters no longer contain sufficient wages to establish a valid claim under Section 2652."


 


Section 2611 states:



"2611. "Disability base period," with respect to an individual who has an unexpired benefit year for unemployment compensation benefits, shall be: (a) The same as the disability base period in Section 2610 if the individual has sufficient qualifying earnings in that disability base period. (b) The same as the base period used to establish the benefit year for unemployment compensation benefits if the individual does not have sufficient qualifying earnings in the disability base period in Section 2610"



Section 2652 states:.


"2652. An individual cannot establish a valid claim unless he has during his disability base period been paid wages for employment by employers of not less than three hundred dollars ($300)."



I have no idea what this all means. Can you put into plain English for m?



Thanks!



Tom


 


 

Expert:  Joseph replied 1 year ago.
Hello Thomas,

It appears that since you're filing the claim now, in July 2013, even if you used substitution quarters, which would mean starting back for the 15 or 18 months preceding around April 2012, you don't have sufficient earnings to establish a disability claim.

That's because you didn't earn at least $300 or more during that period from your employer, which would only go back to January 2010. While it may have been possible for you to receive disability had you filed a year or so ago (since then you would have had sufficient earnings in this period) you no longer have sufficient earnings (even with substitute quarters) to substantiate a claim.

Sorry to hear about this development.

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