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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Ive been unable to hold a job let alone get one..now. Before

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I've been unable to hold a job let alone get one..now. Before when I woked. For myself.I got payed under the table.. so taxes were not applied. Ss is no existant but I need disability. Can I get it?

I am terribly sorry that you have found yourself in this situation. Unfortunately, eligibility for disability payments is based on the earnings shown in your base period. The base period for the purpose of determining your benefits is the period 6 to 18 months before your disability claim began. To be eligible, these wages must have been subject to the SDI tax contribution. This means that some employer in the last 18 months must have deducted the SDI contribution from your paycheck. Chances are, because you were paid under the table, no taxes were paid on your behalf. Thus, you would not be eligible to receive disability. More about this can be found here:

http://www.edd.ca.gov/disability/FAQ_DI_Eligibility.htm#Whoiseligible

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.

Have a wonderful rest of your day.

Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the asnwere on my question. Although I heard there were 2 different disability types to claim. One that "might" work for me. This knowlege "do you know"!?

You are correct that there are two different disability plan types. There is is the state plan, and there is a voluntary private plan that you sign up with through your employer. If you were part of the second plan then yes, that would work for you. However, I highly doubt that your employer put you on a disability plan, paying the premiums monthly, all while still continuing to pay you under the table. That being said, you are more than welcome to relist this question, or have me opt out, to see if a different expert has a different opinion. Of course, as a subscriber, you can ask as many questions, and provide as many ratings as you would like, so you can also just post the question again to get a second opinion.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I hope you are having a wonderful day.
Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

I am going to rate you now but wanted to say how thoughally and with your best kowlage had against my favor replied so veay honestly it almost helps.thank you

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