Disability due to pregancy

by Guest » Sat Sep 01, 2012 01:50 am
Guest

Hello. This question might be confusing but any help is greatly appreciated. I live in the state of California. I was laid-off from work in April 2011 and was on extended unemployment until July 2012. I did however start working part-time in March 2012 but was still able to collect unemployment because my wages were still low. In August 2012, my doctor placed me on Disability due to pregnancy related issues. My question is based on my "base period" of which they determine the amount of disability you qualify for, I was on unemployment for three of the quarters. When I did start working, my pay was reduced tremendously from the time I was working prior to being on unemployment due to the fact that I was working part time. My question is on the disability website there is a section that talks about considering your pay before you were on unemployment as your base period if your wages were reduced refereed to as "special base period". I want to know if there is a way that I would qualify for this. When I called the EDD department they stated that I would over the phone, however now that my first payment has came through that is not the case. I called them back, and now they are stating that I have enough wages in my base period to have a valid claim. However as I stated above they have a section that says if your wages were reduced due to long term disability then they will consider your wages prior to being on disability. How can I find the correct answer to my question. Any help/suggestions is greatly appreciated.

Total Comments: 17

Posted: Sat May 18, 2013 08:12 pm Post Subject: special base period

Please let me know how your case turned out? I'm in a similar situatuion.

Posted: Fri Sep 06, 2013 01:08 am Post Subject: pregnancy disability

I am curious to know how your claim worked out. I too am in a very similar boat. I am pregnant and filing for a short term disability state claim through the state of CA. During my base period i did not have any SDI tax deductions taken out of my pay. I am wondering if i can appeal and ask that they go back further than my base period. I have heard of alternate base period but I am not sure if i qualify.

Posted: Fri Sep 06, 2013 04:52 am Post Subject:

I am wondering if i can appeal and ask that they go back further than my base period. I have heard of alternate base period

You cannot "go back further" than five full calendar quarters prior to the quarter in which you filed your claim. The Alternate Base Period goes the other way. But this has only to do with UNEMPLOYMENT. If you are off work because of pregnancy, you cannot collect UI benefits.

Regardless, here is what EDD says about the "Alternate Base Period" for UI:

What is the Alternate Base Period program?
The Alternate Base Period (ABP) program requires the Employment Development Department (EDD) to use more recently earned wages to calculate monetary eligibility for new Unemployment Insurance (UI) claims for unemployed individuals who do not qualify for a UI claim using the Standard Base Period.

The “Standard” Base Period uses the wages earned in the first four of the last five completed calendar quarters prior to the beginning date of the UI claim. The “Alternate” Base Period uses the wages earned in the four most recently completed calendar quarters.

If your claims was filed after June 30, 2013, that would mean you would have to have earnings in the period from July 1, 2012 to June 30, 2013. Did you have any earnings in that time period (as opposed to April 1, 2012 to March 31, 2013)? It's a difference of only three months.

SDI is a completely different program, but the wage periods are essentially the same. Here are the requirements from EDD to be qualified to receive SDI payments:

Weekly State Disability Insurance (SDI) benefit amounts are calculated using a base period. This base period covers 12 months and is divided into four consecutive quarters of three months each. The wages an individual was paid approximately 5 to 18 months before the SDI claim begins are included in the base period (they must have been subject to the SDI tax). The base period does not include wages paid at the time an individual’s disability or need to be off work to provide family care or to bond with a new child begins.

If an individual’s claim begins on or after January 1, 2010:

January, February, or March, the base period is the 12 months ending last September 30. (Example: A claim beginning February 14, 2010, uses a base period of October 1, 2008, through September 30, 2009.)
April, May, or June, the base period is the 12 months ending last December 31. (Example: A claim beginning June 20, 2010, uses a base period of January 1, 2009, through December 31, 2009.)
July, August, or September, the base period is the 12 months ending last March 31. (Example: A claim beginning September 27, 2010, uses a base period of April 1, 2009, through March 31, 2010.)
October, November, or December, the base period is the 12 months ending last June 30. (Example: A claim beginning November 2, 2010, uses a base period of July 1, 2009, through June 30, 2010.)

For a SDI claim to be valid, an individual must have at least $300 in wages in the base period. The weekly benefit amount is determined by using the quarter in which an individual was paid the highest wages.

SDI is not a welfare program (it's essentially a "use-it-or-lose-it" program). You get what you paid for. If you had no income in that 12 month period beginning as far back as almost 18 months prior to your claim for benefits, you have no base period wages, and you are not qualified for a benefit.

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