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I’ve been on disability for my broken elbow. Back when I was in the process of applying, my past employer found out about my disability claim and threw a FIT, which I then heard about because I have friends who still work at that company. “She’ll never work here again!” “She’s trying to cheat the company!” “She just wants a free ride!” None of that is true of course, I just can’t work, and my doctor suggested I apply for disability. Since I know this employer is retaliatory and out to get me, I did feel extra happy when I received my first check. I’ve received a couple more the past month and a half, and they’ve helped me squeak by on bills and expenses while I look for a new job. (I quit before I broke my arm, then they had me come back for a few days to do some miscellaneous stuff, then I broke my arm and was no longer able to come in. So though I’m unemployed, I do qualify for disability. I spent a very long time with my coordinator going over this specific situation since it’s murky, and got the clear.)
I got a letter in the mail today from EDD, and now, apparently, I have to give every penny of it back. 😮 Every. Penny.
The explanation? I was self-employed during the time of the injury and therefore not eligible for benefits.
I’ve been paying disability insurance on my paychecks for at least 3 years, but because I was invited back to my old company to help out for 5 days, suddenly I can’t access those benefits? It just doesn’t make sense!! Why would the government grant me the benefits, then suddenly go “Oops, we changed our mind!” for no reason?!? I have a feeling my old employer is behind this. Currently he’s being sued by another of my coworkers, who was fired for asking for a raise.
Ugh…I’m feeling a little better about it, it IS just so wth that something has to be wrong. Hopefully I can get some more information soon on this.
Hopefully. If the coordinator went over it in detail with you, you should be okay, but I would check back again. I hope everything clears out ok for you.
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http://www.sarahjestin.com/feedbacklists.htmI agree–talk with that coordinator again. Yeah your ex-employer could be trying to deny your claim–a notice goes to employer notifying them that a former employee is claiming unemployment, disability, family leave etc and then the employer is given a chance to refute the claim and state reasons why. I know a little about this since I do payroll for my company. I don’t know why you fell through the cracks…no it doesn’t make sense because you helped out for 5 days. Get hold of that coordinator and refile…something doesn’t seem right here. 👿
Aw, darlin’, that sucks major rotten fish! (as me boyohs would say :puke: ) I’d def. be talking to your co-ordinator again to see what’s up… Not being able to work, when you want to is just crappy all the way around and having to put up with extra garbage is just not good for your recovery – Hang tough {{HUGS}}
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That really sucks, I hope you can work it out, you shouldn’t have to pay it back! You assumed in good faith the money was yours to use, where do they expect you to get it back from, the bills you paid?? The food you ate?? @_@
This sounds strange, but definitely check w/ your case manager?
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Sun Dragon Koi #3Is this the company you worked for when you got disabled, or a previous employer? I know that employers do like to fight disability claims tooth and nail, because it goes against their experience ratings on their insurance rates, and they don’t care how it affects the injured employee at all. It sounds like you may need to get an ttorney if worse comes to worse, the drawback is, that they get a percentage of your benefits that you receive from here on out, but it is better than having to pay something back, if that is your only other option. Is unemployment compensation an option–if this was your employer at the time of your injury, and your boss said you would not “work there again” then it seems like that is a termination of employment that is not your choice, and therefore, you should be eligible for that. But then you would be eligible for that after your disability claim expires and reaches full settlement, so you would want to pursue that first. Good luck, and I hope everything works out for you, keep up the fight, you have your rights, and don’t let anybody tell you otherwise!
I just got off the phone with someone from EDD. I have a better chance of winning concert tickets through a radio station than getting through to an operator. It took 2 days of calling to even be put in line to talk to someone, without getting automatically disconnected. 🙄
So, my employer (who I worked for for nearly a year) disputed my disability claim and got me denied. He did this by saying I was “self-employed” at the time. Even if I was–it was FOR HIM. I quit in February, was looking for work, and he INVITED me back to work for him for a few days, to help with some miscellaneous stuff. I needed the money so I said yes!! I made $590 there before I broke my arm, not even enough to have to report on my taxes, or file a 1099. I even reported this up-front on my disability application!
So, this rat goes to EDD after my claim’s been accepted, and tells them that my claim is for a period I was self-employed and hired under 1099 as a private contractor (I was NOT), and reports it as a fraud, and DISQUALIFIED ME. 👿 Now I have to appeal it, and there’s no guarantee yet I won’t have to pay it all back. There also isn’t any guarantee that I’ll ever receive another check. Best-case scenario, even if I do get it sorted out, I won’t get another check for at least three weeks. I’m already strapped as it is since these checks aren’t near what I was making when I could work.
He did this just because he could!!! And I KNOW he hates me. He talks sh** about me directly to my coworkers, and he knows we all still hang out. The extent of this guy’s insane assholery knows no bounds. Lying to take income from a cripple because of a personal vendetta. Way to go, Tony Matiya. This is a new low, even for him.
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