Can someone who is self employed collect Disability Insurance from the EDD?

Question

My Dad was informed not long ago that he has throat cancer. He cannot work until December 2008 because he will be going through radiation treatment and what not. He has been self employed since the middle of 2006. He owns his own Water Truck and started his own business is construction with the truck. When things would get slow with water trucking(winter time is when mostly all construction type jobs slow down) he would drive truck through a company, and have a boss, get a paycheck from someone else...he wasn't his own boss. But that was a very small portion of each year...most of all his income was from his own business. What I want to find out is if there is a way that he can collect dissability insurance based on what he made through his own company? He pays taxes at the end of each year, and has health insurance, recieved a letter saying he cannot work until December 2008, etc. Can he recieve disability Insurance from the EDD? Anything is helpful, thank you!

Answer 1

What's EDD?  A state program?  A private policy?  If he's only temporarily disabled, he won't qualify for SSDI - you have to be permanently disabled.

If he paid in to a private policy, or the state program to cover him, then it's possible, depending on the terms.  

Any benefits will be based on his STATED WAGES.  What he paid income tax on - NOT how much his business grossed.   So if he cheated the system, he's cheated himself in the long run.

Answer 2

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Answer 3

Chances are, he will qualify for state disability. If he worked for an employer (ever) that paid into it for him, he can draw on that money. Here is a link for more info and the application process:

http://www.edd.ca.gov/fleclaimdi.htm

Once he completes his portion of the appllication, he will have to take it to his doctor to sign it and certify that he is unable to work. His doctor will send it in and his checks should start coming in within 2 weeks. He should claim all the time that he has not worked. He will get paid all except the first 8 days of his disability.