i have been on short term disability through EDD. Per recommendation from doctor and social worker, I also applied for Social Security Disability ( have informed Social Worker that I am on disability through EDD). I have received a letter from Social Security stating that my disability was approved. It is also states that my present public disability payment from EDD do not affect my Social security benefits.
Recently I received check from EDD, I filled out the back of the form informing about the payment that I also received from Social Security Disability. Regardless, I got a check from EDD again. I am confused and I am afraid that EDD will claim an overpayment at some point. Can I received short term disability from EDD while also being granted Social Security Disability?
Administrative Law Lawyer
The payments you are receiving from the State of California EDD are known as California State Disability Insurance or SDI benefits. You may only receive these benefits for 12 months. The federal Social Security disability benefits you have applied for are paid by the U.S. federal government from the Social Security trust fund if you qualify for Title II Disability Retirement Insurance benefits or if you do not have a sufficient work credits to qualify for the the Title II Program, then you may qualify for Social Security Supplemental Security Income or SSI Title XVI benefits.
If you have been approved for SSDI benefits, you may still receive EDD benefits, but your federal disability benefits may be reduced somewhat.
I recommend that you meet with EDD and SSA staff to confirm your disability status with both agencies and your sources of income. If either agency charges you with an overpayment, you may be able to request a waiver if you timely reported receiving the income from each source.
Review the information at the SSA website as this may also be helpful to you.
This advice is not a substitute for a thorough evaluation of all of the facts of your case by a disability benefits advocate or attorney
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