Legal Question in Insurance Law in California

Bipolar Disorder and CA SDI/VDI

I was diagnosed Bipolar I in 2000. I have worked continuously from that time till recently. This winter several situations (triggers, as they are called) converged and I became unable to work. I was let go upon return from Christmas Holidays. My doctor has since placed me on disability. I filed for SDI with the state, only to discover that my former employers were self-insured. It looks as though their carrier is going to maintain that I was no longer employed at the time of the disability and therefore I am unqualified for VDI. My Psych puts the onset at about one to one half months prior to my termination by my reports and those of my family. I've never been let go from a job before in my life.

I disclosed my diagnosis to my boss in my first month on the job. That was seven months before my dismissal. Further, during my time away, before termination, I told him: ''I am currently incapable of functioning in the state I and my house are in. ''

If the carrier tries to decline me short term disability, do I have much of a case?


Asked on 2/09/07, 10:16 am

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Bipolar Disorder and CA SDI/VDI

You should contact an employment lawyer as you may have been wrongfully discharged. The doctor's diagnosis ought to establish the date of the illness. SDI is a state run program, and there are no self insured employers. SDI is a payment all employers make to a state fund.

The employment attorney should be able to discuss all these matters to your satisfaction.

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Answered on 2/21/07, 8:18 pm


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