California is a unique state in that we have both a Federal and a State
Disability program. State Disability is administered by the Employment
Development Department (“EDD”) of California. Social Security Disability is
administered by the Social Security Administration, a Federal Agency of the
United States.
State Disability is a temporary disability program that provides
California workers temporary benefits for up to one year. State Disability can
never be extended for more than a year period. In order to qualify for State
Disability, you must have had paid into the State Disability Insurance Fund.
Some County employees in California do not pay into the State system because
they have their own private disability programs through their County employers.
In order to apply for State Disability, you must be unable to perform your
customary work for at least 8 days before applying. You also must submit your
application within 49 days of the date you became disabled or you may lose your
benefits. Eligibility for State Disability is dependent on your doctor completing
a certification form addressing your disability.
On the other hand, Social Security Disability is a much more complex process.
You can apply for Social Security Disability at any time, as long as you have
paid enough into the Federal Insurance Compensation Act “(FICA”). Like all
insurance programs, Social Security Disability applicants must establish that
they were disabled before their date-last-insured (“DLI”) expired. Unlike the
State Disability program, your doctors do not fill out a certification form for
Social Security Disability. Instead, the Commissioner of Social Security,
through his delegated employees at the Social Security Administration, makes
the determination as to whether an individual is disabled or not. However,
getting your doctor to write a letter of support can be crucial in convincing
the Social Security Administration that you are disabled. Social Security
Disability benefits can last until you are able to return to work or until the Social
Security Administration makes the determination that your disability has
ceased.
In spite of the fact that obtaining State Disability benefits is
generally easier and has a far shorter procedural process than the Social
Security Disability process, Social Security Disability payments are often less
than what an individual receives from State Disability. State Disability
benefits are paid out biweekly, while Social Security Disability benefits are
paid monthly. State Disability and Social Security Disability benefits can
offset each other. However, you can file for State Disability and Social
Security Disability benefits simultaneously.
Got a question that you need answered?
Please check out our website at www.westcoastdisability.com . We try to
provide you with valuable information on our website that may help you navigate
the Social Security Disability process. Also, feel free to shoot us an email at
info@westcoastdisability.com or call us at (800) 459-3017.
