Applying for SDI While Collecting Unempoyment

My question involves unemployment benefits for the state of: California

I had back surgery in Dec 2013 for a severely ruptured disk and sciatica (laminectomy and dissectomy). At the time I was employed, and my ortho said I should be back to normal within 5-6 months.When I got back to work a month later I was laid off and filed for UI. I found a job the next day and started working again. A month later I was offered a substantially higher paying job that I accepted, so I put in my my notice at the job I currently had, but then the newjob offer was rescinded and I was unable to go back to my former employer, thus I found myself unemployed.

2 months later: I had a phone interview with CA UI and won my case, so I received back payments for the weeks I initially wasn't paid for during the two months that I was out of a job. At the beginning of May, I found a new job as a restaurant manager. I worked there for a month and it destroyed my back, but I did my best and worked through the pain. At the end of May I was offered yet another job that didn't seem like it was going be as hard on my back (lots of walking, but not lifting heavy things like I was at the restaurant, so I accepted the offer and started working for my newest employer.

I completed my first day on the job (walked about 5 miles that day) and when I got home my back completely gave out on me and I was in agony. I called my employer and he told me to take a day to see if I felt better. The next day I had to go to the hospital due to the pain and my ortho took X-rays on my back which showed a prominent curve in my spine. My dr gave me a note saying I was completely disabled for the next 3 months. i called my employer that evening
and explained my medical situation. He said that he couldn't have me out in the field, but if I was in a better place after 3 months that I could come back and work for him again if there were positions open.

I filed for CA SDI and my doctor uploaded his supporting documents to the EDD website. My questions are:

1) If, after 3-months of being on CA SDI my doctor says I can return to work but can't do the same type of work I was doing before (walking long distances, lifting heavy objects, etc), will I have any trouble switching from CA SDI back to UI until I can find a type of desk job? This is assuming he writes me a note indicating the type of work I can do. I know that typically you can't receive UI if you quit your job without good cause, but does my medical situation override the voluntary quit clause in this case? I want to get back to work ASAP but I don't want to risk injuring my back again.

2) Since I currently have an open UI claim (but currently not collecting weekly benefits because I was working prior to my back giving out on me), will this interfere with my state disability process?

3) Is there anything else I should expect/plan for?

Thanks in advance for any advice you an offer.

Medical can make for a good cause quit. Save all your doctor paperwork. If you have an unsympathetic adjudicator, you're going to need it.

The one weak point in your case is that medical quits require that you ask for a leave of absence. You sort of did, but I'm betting you that it's not in writing. All it takes is one time of hearing a case where a claimant is denied benefits for not asking for a leave not because the claimant really didn't, but because there was no proof that he did that makes one cautious. I recommend that you follow up with a fax, email, recorded call, letter, something so that the employer responses back with what you said here. That way you're covered if it gets ugly. Even if the employer doesn't respond back, you'll be able to prove that you asked for the leave.

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Quoting chyvan

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Medical can make for a good cause quit. Save all your doctor paperwork. If you have an unsympathetic adjudicator, you're going to need it.

The one weak point in your case is that medical quits require that you ask for a leave of absence. You sort of did, but I'm betting you that it's not in writing. All it takes is one time of hearing a case where a claimant is denied benefits for not asking for a leave not because the claimant really didn't, but because there was no proof that he did that makes one cautious. I recommend that you follow up with a fax, email, recorded call, letter, something so that the employer responses back with what you said here. That way you're covered if it gets ugly. Even if the employer doesn't respond back, you'll be able to prove that you asked for the leave.

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Thanks for the advice! I'm going to send an email today reiterating the conversation I had with my former manager in the event I need it. Really appreciate it!

Quote:

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Quoting chyvan

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Medical can make for a good cause quit. Save all your doctor paperwork. If you have an unsympathetic adjudicator, you're going to need it.

The one weak point in your case is that medical quits require that you ask for a leave of absence. You sort of did, but I'm betting you that it's not in writing. All it takes is one time of hearing a case where a claimant is denied benefits for not asking for a leave not because the claimant really didn't, but because there was no proof that he did that makes one cautious. I recommend that you follow up with a fax, email, recorded call, letter, something so that the employer responses back with what you said here. That way you're covered if it gets ugly. Even if the employer doesn't respond back, you'll be able to prove that you asked for the leave.

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I have a follow up question-

I received my first SDI payment today (I submitted my claim on 06/12). I understand that there is a 7-day waiting period, and the payment I received today was for $395 ($79/day), so the system paid me from 06/19-06/24. Do you know the set frequency of the pay cycle? (meaning am I paid every Tuesday, or every other Tuesday?) I'm not sure how this works but if you have any info I'd greatly appreciate it! I also looked online but wasn't able to find anything on this. If you aren't sure I may head over to my local SDI office since there's one close to my house. Thanks!