California Employment Law

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I have a question about california state disability

Customer Question
Hello, I have a...

Hello, I have a question about california state disability eligibility

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 5 months ago.Category: California Employment Law
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Customer reply replied 5 months ago
I recently left a job that I worked at for less than a month and wish to file for disability however the last time I worked as a w-2 employee in california was the first quarter of 2016. Since this is before when they usually calculate benefits am I still eligible? If so, how will my benefits be calculated?
Answered in 1 hour by:
12/29/2017
California Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: California Employment Law
Satisfied Customers: 12,232
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
thank you for your assistance
California Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience on this. So, EDD will calculate your benefits based on how much you paid into SDI over the past 12 months. Since you weren't a W-2 employee until recently, they'll count this time that you were injured; however, they may not calculate it as far back as the first quarter of 2016. They will look back as far as 18 months before the disability claim begins to include it in the base period as well, so it is possible that it should be included. They will make the final decision, but it should be included. Did you have any other questions for me today?

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Customer reply replied 5 months ago
Respectfully, ***** *****’t answer my question which is will they or won’t they? If this is a gray area what are the evaluating factors used?
California Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

I understand. In determining your weekly amount, they will look back between 5-18 months so they will include that 1st quarter of 2016.

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California Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

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