My question involves workers compensation law for the state of: California
I was collecting CA EDD SDI benefits from 8/8/2012 - 8/6/2012 for chronic back pain. After 52 weeks, the SDI benefits ran out but I was still on disability and so I contacted WC attorney who opened WC claim for me in December 2013. WC insurance denied my claim and with the help of PQME doctors blamed my health problems on pre-existing conditions. They didn't pay me my lost wages as they should for 104 weeks! Finally on 10/26/2015, I agreed to settle the WC claim via C&R because I was running out of money. WC insurance settled the CA EDD SDI lien. Since WC insurance settled the SDI lien from 8/8/12 - 8/6/13 and I'm still on disability, does that mean that I can apply again for the CA EDD SDI benefits for another 52 weeks?
I know the payments from SDI and WC can't overlap from 8/8/12-8/6/13. The question I have is: Should I put down on the SDI application date after the 8/6/2013, which was the date of the last payment from SDI and in that case, will SDI pay me all the 52 weeks in one lump sum, since my last payment that happened to be from SDI has been like 27 months ago? Or, do I put down the recent date of 11/5/2015, which was the date WC insurance finally settled the SDI lien with EDD? I was told that I can re-apply immediately after the sDI lien is paid. Of course, I have doctors supporting my disability from 8/8/2012 - present!
I guess my main question is, what date of disability starting do I put on the CA SDI application? 8/7/2013 or 11/6/2015. I know I can't use date of 8/6/2012 because it'd overlap the SDI original payments for which the WC insurance settled the SDI lien.
I was collecting CA EDD SDI benefits from 8/8/2012 - 8/6/2012 for chronic back pain. After 52 weeks, the SDI benefits ran out but I was still on disability and so I contacted WC attorney who opened WC claim for me in December 2013. WC insurance denied my claim and with the help of PQME doctors blamed my health problems on pre-existing conditions. They didn't pay me my lost wages as they should for 104 weeks! Finally on 10/26/2015, I agreed to settle the WC claim via C&R because I was running out of money. WC insurance settled the CA EDD SDI lien. Since WC insurance settled the SDI lien from 8/8/12 - 8/6/13 and I'm still on disability, does that mean that I can apply again for the CA EDD SDI benefits for another 52 weeks?
I know the payments from SDI and WC can't overlap from 8/8/12-8/6/13. The question I have is: Should I put down on the SDI application date after the 8/6/2013, which was the date of the last payment from SDI and in that case, will SDI pay me all the 52 weeks in one lump sum, since my last payment that happened to be from SDI has been like 27 months ago? Or, do I put down the recent date of 11/5/2015, which was the date WC insurance finally settled the SDI lien with EDD? I was told that I can re-apply immediately after the sDI lien is paid. Of course, I have doctors supporting my disability from 8/8/2012 - present!
I guess my main question is, what date of disability starting do I put on the CA SDI application? 8/7/2013 or 11/6/2015. I know I can't use date of 8/6/2012 because it'd overlap the SDI original payments for which the WC insurance settled the SDI lien.
Settlements: WC Insurance Settled the California EDD Sdi Lien
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