03-15-2010, 07:33 PM
I have been on ca sdi since nov 2009 when I lost my job as the company was sold. I became severly depressed and went on SDI. Just recently I applied for an extension till jun 2010. My psychiatrist filled out the form and confirmed I still have major depression and anxiety. SDI sent me instructions to go see an independent doctor for evaluation. I went and saw this guy for 5 minutes and now SDI has sent a denial letter saying the independent doctor indicated I was able to work. They also sent an appeal form. My question is should I appeal or file for unemployment as I can't afford to not have any money coming in. I AM depressed and should be allowed to continue sdi and I have been depressed on 2 other occasions in my life. How do I convince them I am depressed? Depression is real but it's hard to prove. Please help and thanks!
03-15-2010, 08:03 PM
Request a copy of the doctor's evaluation letter and yes, you should appeal.
You have a valid medical condition and sometimes it takes seeing more than one medical examiner to be approved.
03-15-2010, 10:07 PM
Agree - definitely appeal if you are still disabled from depression/anxiety. It never hurts to appeal.
Also, to get unemployment ins. you have to be medically able to work. (You have to be ready, willing & able to work to be considered for UI.)
You get SDI when you are disabled & can't work & UI when you are able to work (no longer disabled) & looking for work.
SDI sent me instructions to go see an independent doctor for evaluation. I went and saw this guy for 5 minutes and now SDI has sent a denial letter saying the independent doctor indicated I was able to work. There are rules for face/face time in medical/legal evaluations.
However, QME/IME evaluations are not based entirely on face time, but a review of the medical records provided to the Dr performing the evaluation. The records are those your own Dr/psych wrote up on your condition, as well as any additional testing performed by the evaluator.
You have a valid medical condition and sometimes it takes seeing more than one medical examiner to be approved. More than one medical/legal evaluation is not going to be provided by the state/EDD/SDI, if you want additional medical evidence to support your claim, you're going to have to get that from your treating physician, or another IME out of pocket.
You will need that medical reporting/evidence for your appeal.
SDI is paid for 12 months, maximium, and based on qulaifying disability.
More information on EDD/SDI/UI is here http://www.edd.ca.gov/disability/
You're being denied based on the IME Dr's determination you can perform some type of gainful employment, doesn't matter that you may not be able to perform your pre disability job duties. Appeal the decision. And watch the timeframes on this. If you miss the time to file the appeal, there is no second bite at this apple.