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Joseph
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Category: California Employment Law
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Hello, My son was disabled in an auto accident. Prior to the

Resolved Question:

Hello, My son was disabled in an auto accident.
Prior to the accident, he was in law school.
Upon graduating, he began employment with my law firm, and thereafter was injured.
The Base period under Ca Law is therefore almost non-existent because he was in law school, although he has forgone a tremendous salary, and receives little disability.
Is there an exception to the base period calculation that covers this circumstance?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

I need a bit more information before I can assist you.

Can you tell me what was the highest salary your son received in a quarter (three month period) from when he started working?

Also, is he already receiving state disability insurance, or are you referring to social security disability insurance?

Finally, while I imagine you may have already looked into this, if the car accident wasn't your son's fault, have you looked into filing suit against the driver and insurance company for lost future earnings bsaed on your son's earning potential?
Customer: replied 1 year ago.

Hello Joseph, He was injured within a few weeks of beginning work, so there was not a full quarters wages, but only a few checks, and an employment contract. He is receiving state disability, and we have an appeal hearing upcoming. Yes, insurance is being pursued independently.


 

Expert:  Joseph replied 1 year ago.
Unfortunately, the only exceptions that exist for base period calculation have to do with substituting quarters of higher earnings past the initial based period to cover for times with no earnings due to things like "military service, industrial disability, trade dispute, or long-term unemployment."

There is no exception for the base period to base an SDI award based on any earnings that would have been received had it not been for the disability. Although I believe that such an exception should exist in your son's case and other cases, since he definitely would have earned a great deal more for a quarter if he had finished working for one prior to the disability.

But currently the EDD does not provide for such an exception, so I'm afraid that your appeal will be unlikely to succeed.

I imagine you're aware of this as well, but to maximize your son's benefits from disability he can also apply for Social Security Disability Insurance (if he is now permanently disabled due to the car accident). Unfortunately, that is also based on his earnings in the past (not his future potential earnings) so it's unlikely he would receive a large amount from social security either.

I really wish that I had better news to give you (as I empathize with how unfair this situation is, since your son definitely should be receiving more in SDI benefits), but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions.

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

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
See the below link for additional information:

http://www.edd.ca.gov/Disability/DI_Benefit_Amounts.htm
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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