Question:
Can I apply disability if I quit my job a week before surgery.

I had to quit my job in order to have this surgery as my boss wouldn't give me the time off. I have worked the past 22 years and the last 12 with him. Can I still apply for disability payments? I've never had to before and I'm not sure how it all works.    — [Anonymous] (posted on July 21, 2001)

July 21, 2001
You did not mention what state you were in, but I can give you the information for California. Under the California SDI program, you must either "be employed or actively looking for employment when your disability begins." You can review the entire site at http://wwwedd.cahwnet.gov/diind.htm
   — kateseidel

July 21, 2001
OOOOh! I hate to hear that anyone would have to quit thier job. That must have been a really bad situation. I am wondering why you didn't assert your FMLA rights?
   — [Anonymous]

July 21, 2001
I am the original poster of this question. I could not assert my FMLA as I work in a business with only 2 employees and therefore do not qualify.
   — [Anonymous]

July 21, 2001
I really sympathize for with you. To think that you worked for someone for 12 years and they wouldn't let you have 4-6 weeks off for surgery. Shame on them is about the best thing I can say about your boss. I would certainly think that you could apply for disability since the reason you had to quit was for medical reasons. Perhaps, you might not qualify for the week that you were unemployed prior to the surgery, but once you have surgery, I think you should be fine and the diability would kick in.
   — Gina E.