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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12797
Experience:  Significant experience in all areas of employment law.
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I have degenerative disc problems that just started in my neck,

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I have degenerative disc problems that just started in my neck, I'm told it takes about 6 weeks of not doing anything strenuous for any relief, I'm in a lot of pain. I do construction for a living. Can I get state disability for this? Also I am supposed to have foot surgery in about 6 to 8 weeks that will put me on state disability while I'm recovering, can I go from one claim to the other
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your degenerative disc problems, as well as your impending foot surgery.

In order to be eligible for SDI, California's EDD states that you must meet the following requirements:

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

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

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

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

- 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.

- You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits.

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

Provided that you meet the requirements stated above (and it seems that an individual in your circumstance would), you will be eligible for benefits. Most claimants are eligible for benefits for up to 52 weeks, provided the claimant continues to meet all elgibility requirements.

See this link for more information on filing a claim for SDI:

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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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