EDD Disability Laws
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What's EDD Disability?
EDD stands for Employment Development Department, which is a state-run agency in California. The agency handles various employment-related claims and issues, including disability. Thus, EDD disability claims refer to benefits that are issued by the state for certain California employees with disabilities.
The EDD manages the California State Disability insurance (SDI) program. This is a state mandated, partial wage-replacement plan for workers. It’s funded through mechanisms involving payroll deductions. Benefits include disability insurance as well as paid family leave.
What Are Some EED Eligibility Requirements?
Some requirements for receiving EDD disability assistance include:
- Inability to do regular work for at 8 consecutive days
- At the time of disability, the person was employed or was actively looking for employment
- The person actually lost wages due to the disability (or was actively seeking employment)
- The person earned at least $300, and state deductions were withheld from this amount during previous periods
There are also requirements involving proof of medical care. The person must remain under care in order to keep receiving benefits. Lastly, there are various deadlines in which to file the date. Applications need to be filed within 49 days of the disability occurring.
Who Is NOT Eligible for EDD Disability?
The following persons are not eligible for EDD disability support:
- Workers who have not suffered wage losses
- The person is already claiming/receiving paid family leave or unemployment insurance
- The disability resulted from the commission of a felony crime
- The person is currently in jail or on house arrest due to a crime
- The person is already receiving Worker’s Comp at a higher rate than the disability rate
- The person did not supply proof of medical examination
Disputes over EDD processes are often handled directly by the EDD itself. In some cases, a lawsuit may be filed, especially if there are disputes with other parties such as employers or co-workers.
Do I Need a Lawyer for Help with the EDD Disability Process?
Filing for disability is a major process. It’s in your benefit to hire an employment lawyer if you have any legal concerns or if you need assistance with any employment issues. This is especially true if you run into any legal disputes or conflicts. A qualified lawyer can represent you in court and can help you with the employment laws in California.
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Last Modified: 03-14-2014 10:31 AM PDT
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