I worked for the company for number of years, was laid off in Aug 2011 and put on the disability (state CA) by my doctor later that month. I’m finally getting better after all treatments etc. and disability will end at the end of June. Am I eligible to file unemployment right after my disability runs out? Should I actually file for UI before or after my disability runs out? It’s really frustrating, but I can not find any information on the EDD website as for when is the last day to file for UI after the layoff. It only says “file immediately”. Browsing the web though I found some information, that I need to file for UI "prior" to my SDI expiring in order to lock in my base period. Is that true?
Your help is greatly appreciated.
Employment / Labor Attorney
Yes, you generally are able to apply for unemployment once after your doctor lifts your restrictions and your SDI payments are suspended. At that point you will be able to apply for unemployment in the same way that you would if you had just been terminated (you can fill out the application online at https://eapply4ui.edd.ca.gov/). As a matter of caution, I would recommend submitting the UI application after receiving your final SDI payment (so that they do not reject it on the grounds that you are disabled), but you may want to call the EDD directly at 800-300-5616 to see if there is a way you can indicate that your period of disability is coming to a close so that there is a minimal lapse in benefits.
Best of luck to you.
Disclaimer: This reply does not constitute legal advice or the establishment of an attorney-client relationship, and constitutes only general guidance based on the limited information provided, and may not take into account additional relevant facts and circumstances pertaining to your specific situation.
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