california state disability for those in the know

Discussion in 'Fibromyalgia Main Forum' started by bpmwriter, Oct 7, 2005.

  1. bpmwriter

    bpmwriter New Member

    here's the situation: i left my job in california sept 2004 due to illness and moved to florida. i had no idea i was eligible for state disability insurance! with all the hell i went through, taking an unpaid leave of absence, working from home, everything i tried, my employer never once mentioned sdi to me. so it's a year later now. i spoke to someone at the EDD and they tell me i can still file but need to include a letter on why i'm filing late. i plan to plead ignorance since my employer never explained my rights and eligibility to me. my question is, if i'm denied 1) should get a lawyer and fight for these benefits that i'm entitled to and 2) can anyone recommend a good disability lawyer in cali?? i'm feeling a little cheated right now.

    eddie
    [This Message was Edited on 10/07/2005]
  2. 69mach1

    69mach1 New Member

    for this time forward. it may get much more stickeier if youhave to state why you are now waiting this long to file. are you currently working now.

    since you paid in already for those times you should be able to get your money. but after the 18 months are up from when you last paid into the sdi you won't be able to get it from california. plus did you get unenemployment when yo moved to florida? they won't pay you for both at the same time periods.

    and you should have known about having sdi, since they take it out of your check every time you get paid here. but not all employers participate and if no money going in to the fund then no money is going to be given out. so i don't knowif you can plead ignornant.

    attorney why waste the money. you will only get 52 weeks maximum insurance. and why didn't your docotor tell you about sdi?

    good luck in your decisions to be made.
  3. bpmwriter

    bpmwriter New Member


    i'm not currently working and haven't worked since last year when i left california. the EDD told me that if i was going to make my disability date recent, then i would have to prove i've been working up until now. otherwise, they said using last year as the disability date and submitting with the letter would be the way to go. so i'm going to submit and see what happens. sadly enough, i'm being honest pleading ignorance. blame it on the fog! i always knew i was paying into sdi but never understood exactly what it meant. when i asked my employer about my options, they mentioned fmla, but that's for unpaid leave.

    eddie
  4. rockgor

    rockgor Well-Known Member

    If your job in CA caused OR contributed to your illness, you can get benefits. The Statute of Limitations doesn't start to run till you are aware of your rights. Talk to a Calif atty.

    You can find one in the yellow pages. Or try the state or county Bar Association. They have lists of specialists.
  5. 69mach1

    69mach1 New Member

    believe it one year from the date of injury to file a claim. but they have since passed new worker's comp laws so you should most diffently call a cali attorney