Question:

If i am on disability and lose my job am i still allowed to collect the maximum amount awarded to me by SDI?

by  |  earlier

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i am currently on a leave of absence that only allows me 12 weeks in the year to be absent from work. after which, they may choose to lay me off.

the SDI said my maximum benefit amount is $9,000, which would give me up to a year for disability. if i choose to collect the maximum amount and lose my job within the year, can i continue to collect until i reach the max limit?

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3 ANSWERS


  1. You can only collect disability, while you're unable to work, according to a doctor.


  2. long answer:

    It sounds as if you've invoked your rights under the FMLA (your employer must hold your position for up to 12 weeks, but only if you've been working there for at least 1 year and there are more than 50 total employees).

    However, regardless of whether or not you currently have a job, as long as you are disabled (within the definition of the contract, or state laws) then you may continue to collect benefits until you reach the maximum payment or time period.

    short answer:  

    yes, as long as you are still reasonably disabled from your own occupation.

  3. no you can not get maximum until you reach the maximum limit

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