California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2608-1 - Continuous Period of Unemployment and Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Sections
						  2608 and
						  2653 of the code, a continuous
						  period of unemployment and disability ends:
(a) When an individual is able to perform his
						or her regular or customary work.
EXAMPLE 1. A receives the maximum amount of benefits
						  payable during a disability benefit period due to an ulcerative colitis
						  diagnosis that prevents A from performing his regular or customary work. At a
						  regularly scheduled appointment, A's physician gives him a formal release to
						  return to work. Later that day, A is involved in an automobile accident and
						  fractures his femur. A files a new disability claim for the fractured
						  femur.
Because A recovered from the ulcerative colitis
						  disability, and the continuous period of unemployment and disability ended on
						  the day of his release to return to work, A is eligible for a separate and
						  distinct disability benefit period for the new unrelated
						  condition.
(b) In the case
						of two consecutive periods of disability due to the same or related cause or
						condition for which a first claim is initially filed:
(1) The period ends when an individual
						returns to and is able to perform his or her regular or customary work for a
						period of more than sixty (60) days.
EXAMPLE 2. B had surgery related to her breast cancer
						  diagnosis and filed a disability claim with a claim effective date of July 1,
						  2016. B received disability benefits through August 29 and returned to her
						  full-time regular and customary job on August 30. On October 7, 2016, B filed a
						  subsequent claim to receive disability benefits for her chemotherapy treatment.
						  B's subsequent claim is for the same or related condition as her July 1 initial
						  claim and she returned to work for less than 60 days after her first disability
						  benefit period. Therefore, in accordance with Section
						  2608 of the code, B's subsequent
						  claim is determined to be a continuation of her July 1 initial claim and she is
						  not required to serve an additional waiting period.
(2) In the case of an unemployed individual,
						the period ends when his or her physician furnishes a statement indicating the
						date that the individual was able to perform his or her regular or customary
						work for a period of more than sixty (60) days, or when the unemployed
						individual submits to the department other sufficient evidence that the
						individual was able to perform his or her regular or customary work for a
						period of more than sixty (60) days.
EXAMPLE 3. D receives the maximum amount of benefits
						  payable during a disability benefit period due to a ruptured disc and his
						  inability to perform his regular or customary work as a rotary driller. D
						  returns to work as a rotary driller and works sixty days until the pain forces
						  him to stop working. On the sixty-first day D files a new first claim for a
						  laminectomy.
D is not eligible for benefits for a new disability
						  benefit period because his new claim is for the same or related condition, and
						  D was not able to perform his regular or customary work for a period in excess
						  of sixty days.
EXAMPLE 4. E receives the maximum amount of benefits
						  payable during a disability benefit period due to severe chronic arthritis and
						  E's inability to perform his regular or customary work as a laborer. E's
						  employer rehires him as a watchman for two months. E's services are no longer
						  required because a burglar alarm system is installed. E then files a new first
						  claim for the chronic arthritis.
E is not eligible for benefits for a new disability
						  benefit period. E's new claim is for the same condition, and he was not able to
						  resume his regular or customary work for a period in excess of sixty days. The
						  light work did not interrupt the continuous period of unemployment and
						  disability.