California Disability Insurance Law

You may be able to collect California disability benefits if you are injured and can't perform your job.

California disability law governs the regulations that dictate under what circumstances a person is eligible to receive benefits due to issues, such as illness, elective surgery pregnancy or non-industrial injury. People suffering from mental illness are also eligible to apply for benefits. The plans provide for replacement of a portion of an individual's pay during the period the worker is unable to work up to a maximum number of weeks.

Function

To receive disability, you must meet some specific requirements. One stipulation is that you are incapable of performing your standard work responsibilities for a minimum of eight consecutive days. You must also be working at the time or looking for employment at the time you became unable to work. You must also be under the care of a doctor for at least eight days and the physician must certify your disability.

Types

Three categories of disability plans are available under California disability law. The California State Plan covers most of the employees in the state. A Voluntary Plan, which is private, is agreed to by the employers and the employees of a company. This plan must be approved by the Employment Development Department. Elective Coverage covers employers, self-employed individuals, general partners or people employed by family. This plan is not subjected to follow state regulations.

Benefits

The amount of the benefit is based on how much income an individual earned during a calendar quarter during a "base period." This computes to approximately 55 percent of the earning not to exceed a "maximum amount. Typically, a person can receive up to 52 weeks of insurance benefits. There are some exceptions on maximum benefit amounts for employers and self-employed people. In addition, certain residents of drug or alcohol treatments facilities have maximum payment periods of 90 days.

Time Frame

Generally, it takes about 14 days for processing a disability claim. California disability insurance law states that how long you can receive benefits depends on your physician's statement. The medical provider can authorize the receipt of benefits for up to the maximum period of 39 months for elective coverage and 52 weeks for the State and Voluntary Plans.

Considerations

Eligibility for other private and public benefits programs affect the amount of disability insurance an individual is qualified to receive. Private Short-term Disability and Long-term Disability, Social Security Disability and Supplemental Security Income influence the final disability calculation. People are prohibited from simultaneously receiving Unemployment Insurance or Workers' Compensation along with disability payments.

References

• California Employment Development Department: Overview - Disability
• Disability Benefits 101: California State Disability Insurance: Frequently Asked Questions