In California, can I get Unemployment when my disability ins

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PostPosted: Sun Jun 02, 2013 11:31 am   Post subject:   

What was the reason for which you were terminated? You need to speak to a workers' compensation attorney ASAP. This will not cost you anything as WC attorney's fees are set by the court and paid for by the WC insurance company. You may also have a wrongful termination case, with which the WC attorney will also be able to assist.



As for SDI, you just fill out the paperwork, have your physician sign it, and submit it . . . and then wait. You should have an answer within a couple of weeks.



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Last edited by MaxHerr on Mon Jun 10, 2013 12:47 pm
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PostPosted: Sun Jun 09, 2013 7:05 am   Post subject: Ca SDI  

I have an attorney, he told me to file for disability. Just rec my response from disability...they denied me and said I should file through WC. I was fired and told them...now what? Also, the insurance company keeps denying my Dr requests for phial therapy because they say he is not in their network,but, he is the Dr they sent me to. So...I am in limbo...very frustrating. The attorneys office says they are looking into it...

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PostPosted: Mon Jun 10, 2013 12:46 pm   Post subject:   

Quote:
I have an attorney, he told me to file for disability. Just rec my response from disability...they denied me and said I should file through WC.
and
Quote:
The attorneys office says they are looking into it.
You obviously have an idiot for an attorney.



As I indicated previously, this is a workers' compensation case, not a personal disability case. Fire your attorney and find one who actually handles workers' compensation claims for a living. He/She will know what to do about the rest of your questions.


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PostPosted: Thu Jul 11, 2013 1:49 pm   Post subject:   

I followed your advice...and yesterday we had a hearing at the court . I will begin receiving my temp disability pmts within 10 days and my physical theraphy is now back on, with the same dr, go figure. Strange thing though, they offered me a settlement. I say strange because they have not fixed me. Legal advice was to decline, so I did, also I will rec back pmts going back several months. So..thanks MaxHerr

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PostPosted: Thu Jul 11, 2013 3:54 pm   Post subject:   

Good for you!! And thanks for being one of the few people who come back and let us know things like this.



Quote:
I followed your advice
As in "fire your attorney" and get one who specializes in workers' compensation cases?



You do not want to accept a settlement until your health status is "permanent and stationary" -- meaning it has responded to treatment as much as possible and will not get worse. If your injury could result in a lifetime of medical care, then you must get that stipulation as part of your settlement.



If your attorney is a WC specialist, don't sign anything without reviewing the document with your attorney first!! Once you sign, your stuck with what you agreed to.


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PostPosted: Fri Jul 12, 2013 1:04 pm   Post subject:   

@MaxHerr..yes, we got another attorney and gave her all the paperwork..she told us she would get everything she needed. A few days later she called/emailed that they were filing with the court but it could be a while befor we heard about a date. She said I would have to be patient but they would get income for me. Then at the last minute she called with the court date, well..we were told a week before. Maybe they pushed us in, idk. She had several cases that day. Anyway, strange thing, we never went into the court room, we just sat in the anteroom with all the others. After 20 minutes, our attorney came out and told us about the temp disability pmts starting along with back pay. And, get this, I had a part time job, which I have not been able to do since January, I will also get 2/3 of that pay also, go figure. When I was fired my employer told me that my workers comp ended that day and he put that in writing. My attorney could not believe he actually put that in writing. One interesting thing, another guy was there, he had neck and back injuries from his job. He was offered 85,000 to settle, he took it. Said his wife's insurance would cover his surgery...my attorney says not good move because work related and should make ever ins covet, must have not told truth to priv dr. This is basically what happened. ? Why would ins company go thru all this and end up giving me the pmts anyway along with back pay? Just curious

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PostPosted: Fri Jul 12, 2013 3:59 pm   Post subject:   

Quote:
Why would ins company go thru all this and end up giving me the pmts anyway along with back pay?
Mostly because they want to try to avoid a much larger lawsuit, which is still a possibility.



You found a good attorney, stick with her. She won't let you down. Glad you were able to make the change quickly and correctly. Not everyone is as fortunate.


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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
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MaxHerr
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