Disability BenefitsEligibility
Section § 2625
This law section states that disability benefits for unemployment are available to people who qualify for them, and these benefits are paid from the Disability Fund.
Section § 2626
This law states that a person is considered disabled if they can't do their usual work due to a physical or mental condition. Disability includes illnesses or injuries, which can also relate to pregnancy and childbirth. It also covers situations where someone can't work because they've been ordered by health officials due to a communicable disease risk. Additionally, the law considers acute alcoholism and drug-induced illnesses as disabilities when treated medically or involves being in certain residential recovery facilities.
Section § 2626.1
This law allows individuals who live in an alcoholic recovery home, as recommended by a physician, to receive disability benefits for up to 30 days while they are receiving services. If the recovery home is certified, they may receive an additional 60 days of benefits upon further physician certification. The State Department of Health Care Services verifies these programs, and the costs of such verifications may be reimbursed from the Disability Fund. Similar provisions apply to recovery homes outside California, provided they meet specific licensing or review standards.
Section § 2626.2
This law section allows residents of drug-free facilities, referred by a physician, to receive up to 45 days of disability benefits while in treatment, extendable by another 45 days if needed and certified by a physician. The facility must be approved by the State Department of Health Care Services. Outside California, similar rules apply if the facility is licensed or reviewed by the state it’s in. Additionally, the reviewing costs for non-federally funded facilities will be reimbursed by the California Disability Fund.
Section § 2627
To qualify for disability benefits in California, a disabled person must be unemployed due to their disability and follow several steps. They must file a claim according to regulations and have a waiting period of seven days during which they receive no benefits unless they have already met this requirement within the last 60 days. The claimant must also undergo any necessary medical examinations requested by the director and submit required documentation. There are also provisions for reporting changes to the Legislature.
Section § 2628
If someone is getting unemployment benefits, they can't receive disability benefits at the same time. This rule applies to unemployment benefits from California, other states, or the federal government.
Section § 2629
If you're getting disability benefits in California, you can't get a full benefit on days you receive other cash benefits like workers' compensation or permanent disability benefits for the same issue. But, if these other benefits are less than what you would normally get, you can receive the difference as a reduced disability benefit for that day.
Section § 2629.1
This law is about managing how unemployment compensation disability benefits are paid, especially when other benefits might be owed to the claimant. If a person is receiving other benefits or has an agreement for other payments, their disability benefits might be delayed.
The employer or insurer needs to start paying these other benefits within 14 days after receiving notice. If not, disability benefits will be paid in the meantime. The department will decide if the claimant is entitled to different benefits and inform both claimant and employer.
If the employer disputes any payments, it can be taken to the Workers’ Compensation Appeals Board. If the employer later agrees or is required to reimburse the department for disability benefits paid, they must pay interest and possibly a penalty if they unreasonably delayed payments.
All money the department gets from these processes goes into the Disability Fund. Employers have 60 days to reimburse the department after accepting responsibility or after a final decision from the Appeals Board.
Section § 2629.5
This California law states that certain restitution and settlement payments, which are defined elsewhere in tax law, cannot be used to decrease the amount of disability benefits a person can receive. Essentially, these specific payments are protected from affecting someone's disability benefits, as long as federal law allows this protection.
Section § 2630
This law requires the Department of Child Support Services to inform the unemployment department about individuals who owe child or spousal support. The unemployment department checks if these people have claims for unemployment disability benefits. If they do, the department or voluntary plan payer will deduct support payments from these benefits. There are limits on how much can be deducted, including a small administrative fee. The collected amounts are sent to the correct county or to the Department of Child Support Services. The deduction is treated as if the person paid it out of their own pocket. This process also depends on the Department of Child Support Services covering the unemployment department's administrative costs. Child and spousal support obligations only include what can be collected under federal law.