Short Term Disability - California

I have researched to the brink and am stumped so I’m turning to SDMB.

I was laid off in 12/13. During my 15 months of employment they deducted SDI from my pay checks. I was on unemployment for a few months and then decided to take on a temp job (through an agency) as finding a new permanent position was not working out.

This temp agency uses the 1099 system. After research I’ve found that this is quite rare (most use W-2). Anyway, after 6 months on this temporary assignment I became disabled. My doctor and I filled out paperwork and submitted to EDD for short term disability (no more than 12 months).

I was denied by EDD saying that I am SELF EMPLOYED. They also sent me a ‘Notice of Computation’ showing that I do have money ($32k) in wages which were from Q3 and Q4 of 2013. This means that my previous deductions for SDI are available if I become disabled.

The question I have is : I know they like to deny and force you to appeal and I did. But is the fact that when I became disabled I was not contributing to SDI and therefore I am not covered?

Interesting question, but we prefer real-life legal matters to be started in IMHO as you will get many opinions as well as facts. Moved from GQ.

samclem, moderator

1099’s are for independent contractors. You were not an employee.

Technically you are correct. But my real question is whether I am truly SELF EMPLOYED in the eyes of the State. A true self employed person (for these purposes) is someone who quits their job making donuts and open their own donut shop. (This is an actual Calif. case)

The donut guy then gets injured and is denied disability because he voluntarily left the work force to open his own business (self employment) and he didn’t choose elective coverage (most self employed folks would do this since no longer deduction on W-2 for SDI).

I was laid off, signed up for unemployment, after 4 months of searching for another permanent position while on unemployment I decided to take a temp job through a recruiter. I continued searching for permanent positions while working the temp job.

I became disabled while on the temp job. That’s the part where I get screwed (if I truly am screwed) because I was no contributing at the time of the disability.

You got hurt on the job. That would not be a State disability Claim but a workman’s compensation claim. I think you have a problem. You are going to need to make a claim against the temp company. Sorry but this may take a lawyer.

Agreed - if Snnipe’s reading is correct, and your disability was caused by your job, you’d be looking into a workers compensation claim. It may also make a difference whether a court or state labor agency would find that you were improperly classified as an independent contractor. I’m not a lawyer, and I don’t claim any expertise, but this link may give you some direction.