Asked in Employment Law and Social Security for California

Q: I need legal consultation regarding filing for permanent disability and drawing unemployment at the same time.

Should i severe from my employer? Im on leave. Disabled back and also on psyche meds. Employer cant place me in a seated position as doctor instructed due to several back problems. Employer says im eligible for unemployment because they cant meet Dr restrictions

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Your employer is wrong. If you cannot work, you do not qualify for unemployment insurance benefits. To get those benefits you need to certify that you are ready, willing and able to work full time and that you are actively seeking such employment.

You need to apply for State Disability Insurance benefits while you seek a permanent disability status with the Social Security Administration. SDI is administered also through the EDD, and is available to you for one year if your doctor certifies that you have a disabling condition that prevents you from doing your job.

Good luck to you.

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