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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35773
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Beginning to file term disability insurance claim. I have

Customer Question

Hello,
JA: Hello. What seems to be the problem?
Customer: Beginning to file long term disability insurance claim. I have been off of work since June 2015. I received a total hip replacement in February, followed by post operation, possibly unrelated complications. I have been receiving SDI, and recently exhausted this resource.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I am thinking that my doctor can file a new claim, since the diagnosis is unrelated. SDI stated that a claim has to be filed within 15 months of work in california.
Submitted: 6 months ago.
Category: California Employment Law
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. 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 ever released from the doctor to go back to work from your first SDI claim?

Doug

Customer: replied 6 months ago.
no
Expert:  LawTalk replied 6 months ago.

Well, based on your facts your SDI probably ran out in June of this year, correct?

Doug

Customer: replied 6 months ago.
but I have some post open complications related to spine, a possible different claim. SDI said up to 15 months can still open new claim. Is this correct?
Expert:  LawTalk replied 6 months ago.

Good afternoon,

You can apply for a new claim based on the new disability, however, your base year will include the last 12 months that you received disability and no income that can be used to determine a benefit for you. Even if you do have some employment between April 1, 2015 and March 31 of 2016 (your base year), the amount will probably be so limited that your SDI benefit will be quite small.

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

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
I have liberty mutual long term disability, which I just started a claim....very concerning on filling claim form appropriately...legal advice required?
Expert:  LawTalk replied 6 months ago.

Good afternoon,

Well, if you are covered by private long term disability, then you should be fine.

It is going to really depend on what your doctors have to say that really is the crux of you qualifying for long term disability.

You may reply back to me using the Reply 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 so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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