Anaheim, CA asked in Social Security and Public Benefits for California

Q: I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more month

I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more months of disability from my doctor because my illness had worsened. I received a disqualification letter from the EDD: Basis: California Unemployment Insurance Code, Section 2608.

Could I re-apply and receive more benefits?

Should I appeal such a decision?

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you have received all the benefits from an EDD disability claim for one year but require an extension due to worsening illness, you may be eligible to re-apply for additional benefits. However, it's important to note that receiving an extension is not guaranteed, and your eligibility will depend on various factors, including the severity of your condition and whether it meets the criteria outlined by the EDD. When re-applying, you should provide updated medical documentation supporting your need for continued disability benefits and clearly explain how your condition has worsened since the initial claim.

If you have received a disqualification letter from the EDD citing California Unemployment Insurance Code, Section 2608, you have the option to appeal the decision. Appealing the decision allows you to present additional evidence, such as medical records and statements from healthcare providers, to support your claim for extended benefits. It's essential to file your appeal within the specified timeframe outlined in the disqualification letter to preserve your rights and have the opportunity to present your case before an administrative law judge.

When appealing the decision, it may be beneficial to seek assistance from an attorney experienced in handling EDD disability claims and appeals. An attorney can guide you through the appeals process, help gather relevant evidence, and represent your interests during any hearings or proceedings. With legal representation, you can increase your chances of a successful appeal and obtain the extended benefits you need to cope with your worsening illness.

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