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  1. #1
    Join Date
    Jan 2010
    Location
    Portland, OR
    Posts
    5

    Default Unemployment After Disability

    My question involves unemployment benefits for the state of: California

    I was put on disability in March of 2009. I was going to stay out of work for only a month, but my Neurologist wanted me out for two, then six and eventually nine months. When my FMLA ran out a few months after I was initially put on disability, my employer was no longer able to hold my position, which was legal.

    It looks like I will continue to be out until early summer 2010. Can I apply for California unemployment insurance after my disability ends until I find work?

    More info:
    • I moved to Oregon in September 2009 and still collect disability from California (which I lived and worked my entire life up until that point).
    • IF I am able to collect unemployment insurance, would I still go though California?
    • Not sure if this is relivant, but I am 31 years old.


    Let me know if you have any questions for me!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,681

    Default Re: Unemployment After Disability

    You can certainly apply. Whether or not you will be granted benefits, however, will depend on a couple of factors we cannot assess from here. If you have not worked since March 2009 and are out till summer 2010, you may not have earned sufficient wages in the base period to qualify. (No, disability payments do not count as wages for unemployment purposes.)

    You won't know until you try, however. The worst they can say is no.

  3. #3
    Join Date
    Jan 2010
    Location
    Portland, OR
    Posts
    5

    Default Re: Unemployment After Disability

    Ah! I forgot about the "base period". Thanks for the reminder. Lets hope I find a job in this economy!

  4. #4
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Unemployment After Disability

    Dear greenandchic,

    I too am in the same situation as you. I have researched this forever and have not come up with much other than contradicting and conflicting answers from SDI and UI personnel. The majority tell me that UI (Unemployment Insurance) will use the same base period that SDI (State Disability Insurance) used to determing your base period. In fact all but one employee told me this, however that alone was reason for concern.

    I found this in the UI code and I hope it applies to us. It states: "in determining the benefit rights of any industrially disabled person the disability base period shall exclude those quarters during which such person was industrially disabled for 60 days or more. For all quarters so excluded there shall be substituted an equal number of quarters immediately preceding the commencement of his or her industrial disability."

    I'm hoping this pertains to the UI base period as well though it is not specific to anything other than the disability base period. I would hope it is applicable to both as SDI and UI both fall under the umbrella of EDD (Employment Development Department.)

    As far as who you would file through, you would still file through California even though you now live in Oregon.

    Here is the link to the quote above from the UI code. Hopefully one of our legal experts here can clear this up for us both. Section 2777 seems the most relevant in the first two sentences:

    http://www.finduslaw.org/california_...code_2775_3656
    Personally, I've been out for one year on SDI and prior to that had been on workers comp for about six months. If you look at that time frame, technically I'm outside of any actual wages earned, but again, SDI supervisors have even told me not to worry about being denied from UI. I will follow up on and post my outcome once concluded to help others who are in the same situation.

    Good luck to us both!

  5. #5
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Unemployment After Disability

    Unfortunately "SDI supervisors" can't override the unemployment law.

  6. #6
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Unemployment After Disability

    Hi Patty,

    Respectfully I agree with you and am aware that an "SDI supervisor" cannot override the UI law. I did not mean to imply that. Do you have any helpful input regarding what the law is on this topic? Please help if you do.

    Where I'm concerned is that the common answer has been that when ones disability ends, the base period used by UI is the same as was used by SDI. I've only had one person who is formerly a UI supervisor and currently an SDI supervisor tell me differently. Her words verbatim were "after looking at your claim, you need to file for UI "prior" to your SDI expiring in order to lock in your base period. You cannot collect both SDI and UI simultaneously, however you "can" file for UI while on SDI. You then want to freeze your claim which will lock in your base period."

    When I'd asked her why you can't find this information anywhere and why didn't my attorney have this knowledge, she replied "nobody knows this, not even an attorney, because this information is not made public, it is in house info I'm giving you" I suppose I was extra charming that day to get that info lol.

    So I followed this advice and have yet another phone interview to determine what my future holds.

    Call me crazy but I thought the law is the law and this situation is not that uncommon. So why then can nobody quote a statute or section of the UI code that explains this concretely?

    Worst of all, I contact 3 different employment "specialists" and was told by all 3 that "I" knew way more about this then they did. While the compliment on my research and intelligence was appreciated, I do NOT like to be the smartest person on the phone regarding this topic. In fact it's sad to me that these attorneys did NOT know the answer to this. So again, if anyone has the correct answer, lunch is on me...while I still have a few bucks left

  7. #7
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Unemployment After Disability

    cbg already gave the OP the correct legal answer.

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