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Alexia Esq.
Alexia Esq., Managing Attorney
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I need surgery on my ankle and would like to collect disability

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I need surgery on my ankle and would like to collect disability pay. What steps should I follow, and are there any conditions to be met/documents to submit? Also, am I allowed to work for another company from home while I recover while also receiving disability pay from my original employer?
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing disability law for 10+ years and look forward to assisting you.

With regard to your post:

I need surgery on my ankle and would like to collect disability pay. I understand.

 

What steps should I follow, You follow those provided HERE.

 

and are there any conditions to be met/documents to submit? Of course.

 

As noted by CA EDD:


1. You must be unable to do your regular or customary work for at least eight consecutive days.

2. You must be employed or actively looking for work at the time you become disabled.

3. You must have lost wages because of your disability or, if unemployed, have been actively looking for work.

4. You must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during a previous period.

5. You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.) You must remain under care and treatment to continue receiving benefits.

6. You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits.(See the online avenue, above.)

7. Your doctor must complete the medical certification of your disability.

8. An independent medical examination to determine your initial or continuing eligibility may be required.

 

http://www.edd.ca.gov/Disability/DI_Eligibility.htm

 

Also, am I allowed to work for another company from home while I recover while also receiving disability pay from my original employer? There is no law prohibiting this and so long as you meet your other criteria, you can still get SDI. Remember, it is partial wage replacement, and requires a loss of wages, so if you earn as much working from home as you do at work, you will not be eligible based on the number. However, your employer may or may not find it acceptable - so yo you may want to discuss it with the employer first.

 


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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