Can employers find out that I collected State Disability or Social Security?
California’s Employment Development Department administers the State of California’s State Disability Insurance program. The application form, DE2501 has question number 19 which asks your permission to disclose SDI payment information to your employer. If you check no, then the EDD does not have your permission to disclose information.
The Social Security Administration has a similar question–employees will ask your permission to contact your employer. On the paper application, form SSA-16, question number 13 asks your permission. If you say "no" then the agency may not contact the employer to request information. However, most applications are completed online by employees so make sure they have asked the question and answered it no. The employer could not obtain information in any event by contacting Social Security. The agency actually wants permission to contact the employer to get information not to give the employer any. If the agency did contact an employer they would not disclose the exact reason for their inquiry.
The big question is–if you are applying for SDI or Social Security Disability Insurance then you must not be working. The employer should not need any information or wonder why you are working. If you cannot work at your regular job and are trying to make a little money working elsewhere be sure and disclose that to EDD and SSA to avoid problems, as they will find out eventually anyway.
SDI and SSA payments are both disability insurance programs and when employees receive either, the employers do not incur any costs.
No. The lawyers at HIV/AIDS Legal Services interpret the laws on this issue to mean that employers cannot ask about Workmen’s Comp or disability claims. They can ask broader questions, for instance, “How many days ‘leave’ did you take while at your last job?” Both State Disability and Social Security claims are “confidential.” These agencies aren’t supposed to discuss claims with anyone unless they have your permission (except for certain government agencies, like Immigration and the Internal Revenue Service). If you’re wondering what to say about supporting yourself during a long employment gap, make up a story: you inherited money, won the lottery, got a grant, your family supported you while you took care of sick relatives, or went to school, etc.
Related Questions
- What is the difference between long term disability (LTD) coverage and state and federal disability programs such as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)?
- If I am approved for State Disability Income (SDI) or Social Security Disability Income (SSDI) benefits, am I automatically entitled to disability benefits under my private disability plan?
- Can employers find out that I collected State Disability or Social Security?
