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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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California : EDD UI to SDII was hurt at work then fired

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California : EDD UI to SDI I was hurt at work then fired 4 days after I hired a workers comp attorney. I applied for SDI but could not get into a Dr so I in turn applied for and got UI. Now I finally had got into the Dr and he sent in his paperwork to SDI now they are holding my UI money because I have a SDI claim. I don;t need the SDI claim and want to continue on UI as I have a job offer coming in about 30 days and I an able to preform the work no problem. How do I handle the phone interview to keep UI and cancel SDI? EDD UI is calling me in a few days. Thanks

Hello and welcome to JustAnswer.


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


My goal is to provide you with excellent service today, so please let me know if you need any additional information or have any follow up questions.


This is a problem that many workers with injuries get themselves into with the EDD. The reason why your SDI claim held up your UI claim is that in order to receive and continue to receive unemployment benefits you need to be ready and able to work. If you are disabled, it means that you are not ready and able to work, so while you would be eligible for SDI, you then eliminate your UI eligibility.


At the same time, this is an automatic flag to the EDD that something may be amiss in your UI claim, since your SDI claim means that you're claiming that you actually weren't ready and available to work during the time you were collecting unemployment benefits. When you send in an SDI claim form after receiving UI benefits for a period of time, the EDD may call into question whether you were disabled and unavailable to work during the time you were receiving unemployment benefits.


Unfortunately, there is no way or unringing this bell once its been rung, but you can do your best to minimize the damage. If you want to continue receiving UI and have your SDI canceled, you should inform EDD that the doctor who treated you was in error and that you are available and able to work, especially considering you have a job offer coming in a month.


EDD may be skeptical of this, so if they don't take you at your word, you may need to get another doctor's opinion, or the same doctor's opinion to state that you are ready and available to work as you first stated.


A second option would involve an 'alternative fact pattern.' If you somehow aggravated your injury after work and before you saw the doctor. If that is the case, then your unemployment benefits claim could be considered valid as well as your new application for SDI benefits, since you would have been available and ready to work prior to the aggravation of your injury and unable to work afterwards.


I'm not advising you to be dishonest with the EDD, but the latter fact pattern is likely to lead to a better result (EDD allowing your prior UI claim and granting your SDI claim), although it may need to be supported by statements that you made (or didn't make) to the doctor when he filled out the SDI application for you.


I know the above can be a little confusing, so again, please let me know if you have any follow up questions or need any additional information.


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


Thanks and best of luck!


Customer: replied 4 years ago.

I understand, and that raises another portion of this: I filed SDI first, it went nowhere because they could not get me into a Dr so I filed UI because it looked like SDI was not going anywhere. I am ready, willing and able to work but am still being seem by the Dr for my injury (elbow). They are holding my payment right now and we really need it so I need to path of least resistance. I need them to release my money so I can move forward without more hassle.


Just to be clear:


Hurt, Hired Lawyer, fired, SDI app, delay because I could not get a Dr, filed and awarded UI, new Dr sends in Part B of SDI now I am at a standstill.


Thanks in advance

Customer: replied 4 years ago.

also, I have another part of the WC claim that is in limbo because the insurance company is has denied the injury, would that come into play or could it ? " I kind of thought the Dr was waiting for that portion of the claim to be approved before he determined if I was disabled or not?"

Hello Gary,


You need to disavow the SDI application as much as possible in order to retain and continue on your UI benefits. You can explain that I was mistake that you ever filed it in the first place, and that's why you filed for UI, since you were ready and available to work. You should try to minimize your disability (elbow) stating that it never prevented you from working certain jobs (don't mind if this goes contrary to your workers' compensation claim, it doesn't matter).


You should also talk to your doctor and explain the situation to him so he can change his diagnosis of you if the EDD were to call him (i.e. that your elbow injury does not prevent you from working, enabling you to continue to receive UI benefits. This is likely the opposite of what he said on Part B of the SDI form).


The workers' compensation may be able to come in at a later stage to demonstrate that you weren't actually injured. You can also mention it in the interview, but I doubt it would be a deciding factor, since workers' compensation claims are considered separate from SDI and UI.


Customer: replied 4 years ago.

understood............... I was confused about SDI and UI and after filing the SDI I filed the UI, unknowingly the Dr. sent in part B stating that I was unable to perform work, however I am only really unable to perform heavy construction work,(what I was doing when I got hurt) not the project manager/sale engineer positions I am currently seeking and qualified for. I called SDI and tried to explain to them I just need to cancel this once I realized what it was and they told me to wait and talk to EDD...........

Hello Gary,


Yes, it is quite a mess. EDD includes UI and SDI. They aren't separate entities. They just want require you to wait for the scheduled interview. (Whenever a current UI recipient files an SDI claim, or one is filed on his behalf, it triggers an automatic interview and a stop on your benefits).


You can explain the situation to them during the interview. It should definitely work out, since you can explain why the doctor (and SDI claim) accidentally may have given them the impression that you were unable to work completely, when you are actually only unable to perform heavy construction work.



Customer: replied 4 years ago.

got it. How would the effect the SDI claim? I assume it will be rejected and if in the future something in my shoulder (once the Dr is approved to deal with it) should cause me to need SDI I assume I could just stop UI and send in a new SDI claim?


I will await you reply then be sure you get paid for your time. THANKS MUCH, have a good evening

Yes. It is impossible to receive both UI and SDI at the same time, since in order to receive UI, you need to ready and available to work.


While SDI requires that you be disabled to the extent that you are unable to work.


You could file for SDI in the future if your shoulder injury is aggravated.


Thank you and best of luck!


Have a great evening as well!

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