Can You Be Getting PPD Checks and also Unemployment?

[angel440]

What is the name of your state (only U.S. law)? California

I was fired while on TTD. I am no longer TTD but am getting PPD checks. From what I understand, if I had a job, I would still get PPD checks ($230 per week) in addition to my normal wages.

Since I do not have a job, do I have to report the PPD to CA EDD? Would my amount from EDD be adjusted because of the PPD checks? I hope I don't have to forfeit PPD money simply because I don't have a job.

I know you can't get TTD + EDD at the same time. TTD is over. And PPD is not enough for me to live off of. What is the name of your state (only U.S. law)?

 

[LillianX]

Are you unemployed because of the same injury for which you are receiving your permanent partial disability payments?

 

[angel440]

Thank you for the response: The job I was fired from (for exhausting FMLA leave) was the same job at which I suffered the injury causing my PPD. If not for the injury, the company would not have fired me: They couldn't hold my position open (they actually held it longer than required by FMLA).

 

[LillianX]

Let me tell you what I DO know for sure:

If you are not working because of the injury, your unemployment benefits will be reduced by the amount of permanent disability you receive. You can claim both... but the disability counts toward the unemployment.

What I do NOT know for sure is whether it disability payments reduce the amount of unemployment if you are NOT unemployed because of the disability.

I suggest that you call the CA unemployment folks and ask them. Better yet, send them an e-mail detailing the situation, because it's easier for someone to take the time to ask someone who REALLY KNOWS the answer, rather than just guessing and possibly giving you incorrect information.

 

[angel440]

Thank you so much for your help, Lillian. What a great idea about emailing CA EDD instead of calling; I didn't even think of that. Your informative response really got me thinking... I actually need to look at the AME report (the Dr. who PD'd me). I honestly don't know if he said I can go back to the same job or not; my rating percentage could comprise core job duties for that occupation. I only know the AME PD'd me because I'm getting checks that have their name on it.

- Venting Ahead! -

Where my income is coming from has turned into a major snafu lately. I was getting TTD from EDD, and then they sent me to 2 separate IMEs (CA/EDD-sponsored Dr. - what are known as "IMEs" in other states are AMEs here). I got a letter saying I'm no longer disabled, so I won't be getting TTD from CA/EDD. Okay, so I transitioned to unemployment (thankfully I filed awhile ago to lock in a good base period). Well, I just found out today that only 1 of the IMEs RTW'd me! The other IME said I'm TTD (even though the AME of the same specialty P&S'd me)!. So CA-EDD retroactively wired me TTD for all of July minus my PPD checks.

Unfortunately, I already mailed out my unemployment certification/claim indicating that I wasn't disabled and looked for work! So now I have no clue what's going on. The communication between the two departments of CA EDD (i.e. disability and unemployment) is (un?)surprisingly poor given they're the within the same organization. I am afraid of being denied both: No UI because I'm disabled according to EDD, and no DI because I declared myself able and available on my unemployment paperwork.

I couldn't get ahold of either department by phone today (everyone and their mother is calling up EDD these days). In CA, they don't even bother putting you on hold. The computer says, "Try again later. Goodbye. [click]" :roll eyes: I was going to try and sort it out Monday over the phone, but again your suggestion to email them is a much better plan. I was doing research but reading conflicting things: Apparently you used to be able to get all your unemployment *plus* PPD. Now you can't anymore (at least not in CA).

To top all of this off, none of this can be settled/closed out until all my injuries are ratable. And my other AME appointment isn't until October.

Again, thanks for your help; I really appreciate it.