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FAQ About State Disability, Unemployment, Workers’compensation, State Retirement Issues

Common Questions

Q. Can I Receive Unemployment Benefits While Applying or Appealing for Disability?

A. No. If you receive unemployment you are telling EDD that you are ready and able to work while at the same time you are telling Social Security that you are unable to work!

Q. If I Am on SDI or “Short Term Insurance” Can I Apply for Federal Disability?

A. Yes. If you believe, or your doctor states that your impairments will last one year or longer, or prevent you from working on an ongoing basis, or even result in death.

Q. What is the difference between state disability and permanent disability?

A. State Disability Insurance [SDI] pays you for one year if your doctor says you are eligible. “Permanent Disability” is a Workers’ Compensation term and only relates to the work you were doing when you were injured or impaired by illness. Permanent disability is determined by the Workers’ Compensation Appeals Board. [WCAB.]

Q. Can You Assist with SDI?

A. No. Your doctor will provide you with the State forms and necessary information.

Q. Can You Assist with My Workers’ Compensation Claim Too?

A. No. This office only specializes in Social Security Disability and SSI.

Q.Will a Workers’ Compensation Claim Affect My Social Security Disability Benefits?

A. Yes. Workers’ Compensation (WC) payments will be offset against any Social Security Disability (SSDI) benefits you receive during your period of disability. This office does not calculate WC benefits or offsets against your SSDI, and we do not appeal any disputes about offset amounts.

Q.Can I Get SSI If I Paid into a Private Pension or Cal Pers or Cal Strs?

A. SSI is based on assets and resources as well as disability. The SSA will determine your eligibility for SSI based on your income, resources and assets. If the SSA determines that your income, assets and resources disqualify you from receiving benefits we will not file an appeal.

Q. If I Am Receiving a Private Pension Can I Still File for Disability Benefits?

A. Yes. The SSA will determine if you meet the eligibility requirements for Social Security Disability. Your Date Last Insured (DLI), quarters of coverage (QC) and medical proof of your disabilities will determine your eligibility for SSDI.