Dissability claim, is this legal, is my company screwing me?

I was disabled for a period of 2 weeks. Long story short i work in California for a very large company, they use a 3rd party company that will collect your disability information for you to make it easier to file your claim. You employer will then pay you your disability through normal payroll land will be reimbursed by the California State disability insurance plan.

I work a lot of overtime. about 35-45% of my pay is overtime. This 3rd party company tells me they can only take into account my 40 hours of regular pay when calculating my benefit amount in eligible for. When i called the state they tell me its whatever is your highest earning quarter during a given time frame. Since they go by earnings this would include overtime.

After this 3rd party company told me my benefit amount and it was so slow that's when i decided to fill out the paperwork for SDI myself and see what benefit amount im eligible for. This 3rd party company is suppose ot be doing this there selves but i believe them to to screwing me.

The state of California sent me a form back saying i was eligible for a amount about 40% higher than the benefit amount the 3rd party company said i was eligible for. Now here's the big illegal activity. When setting up the disability plan through this 3rd party company you had to sign a right of reimbursement form saying you allow your employer to be reimbursed by the state of California for you disability benefits your employers is paying you. Pretty simple since your getting paid through regular payroll from your employer its only right you allow the state to reimburse them.

my question is are they collecting my full benefit from the state and then only paying me about 60% of it back? The form i signed said this....

I acknowledge I am
obligated to reimburse the plan, as stated in the plan, up to 100%, or to the full extent of any net recovery.
“Net Recovery” means ALL OTHER PAYMENTS received that arise from the illness or injury, after reduction of such
payments by any attorney’s fees and other legal expenses that may be incurred in obtaining the recovery


If this is true this should be a multi million dollar lawsuit. There doing this to all employees.

Business as usual

Find you a lawyer Pepsi is tryig to screw you .

i talked to multiple employees who have been on disability all said they received a amount that was 55% of there 40 hour pay. The state of California defines your benefit amount by your total gross earnings within a quarter and then give you 55%.

I think a lawyer would be more useful than Sbr. Just saying.

What biz are you in that so many employess are on disability? I have never worked a job where anyone has needed to claim it and see it as a huge scam... you work you get paid you don't then you don't..... unless you are a mine worker or in serious construction I don't see how you could hurt yourself and expect to be paid for it, most times people hurt themselves being dumb.......

I work in a warehouse so a bunch of people get hurt all the time. About 8 states in this country have mandatory disability plans that you pay for in your state taxes. So if you were to become very ill or sustain a injury( in or out of work), physical or mental, you will be compensated while your out of work.

is this a workers comp claim?
should be if you were hurt at work..
disability would be a disability that keeps you from working for the rest of your life????

guess it might be different over there though.

Originally Posted by mmike032

is this a workers comp claim? should be if you were hurt at work.. disability would be a disability that keeps you from working for the rest of your life???? guess it might be different over there though.

Injury didnt take place at work.
California has something called "Short term disability" which is a period longer than 8 days but less than 6 months. When i took said paperwork to my employer to put me out of work they told me i needed to file my claim through this 3rd party company because they wouldn't take any phone calls from the state to verify employment and collect information. That's why big company's hire 3rd party company to handle that end for them.

Sounds like a free vacation.... wish I could get one of those

Originally Posted by topgame85

Sounds like a free vacation.... wish I could get one of those

Yes you just have to sustain a real injury and get a real doctor to put you out of work for more than 8 days. Doctors don't do this easily. You have to have a serious condition.


Plus its not free will cost you $50 bucks a month in taxes for the rest of your life.

Originally Posted by WvGambler

I think a lawyer would be more useful than Sbr. Just saying.

why pay for good advice when you can get shltty advice for free?

Didn't I read that UToT is like 20 somewhere? This is going to lead him down a path of shady job practices untiltheendoftime.

Good luck to you....but this is not the place for questions like this....a lawyer would be much better

sounds like thats how the 3rd company makes their money.
ie: they pay you 40% and the state pays them 60%

this guy is a ninja