Employment Development Department (EDD)

You typically file a claim for workers’ compensation benefits when you are injured at work. Once your employer has received your claim, they must authorize up to $10,000 in medical treatment while evaluating your claim. However, your employer will often dispute the claim because they may not believe your injury is work-related. It is widespread for employees with a cumulative injury or a pre-existing condition aggravated by their work. While your claim is disputed, you may be unable to work and receive any temporary disability benefits. 

If you find yourself in this situation, you can file for disability insurance benefits. Disability insurance covers partial wage displacement benefits through the California State Disability Insurance (SDI) program. State disability insurance covers most employees in California and is deducted from their paychecks. However, most government employees, like teachers, are exempt from paying into state disability insurance. Employees can claim a religious exemption, non-resident alien exemption, or temporary student exemption.  

Disability Insurance benefits are temporary and paid weekly. You cannot receive disability insurance benefits and workers’ compensation benefits at the same time. If you do, you will have to repay. 

To be eligible to receive disability insurance benefits, you must: 

• Be unable to do your regular work for at least eight consecutive days due to your disability
• Have lost wages due to your disability
• Be employed or actively seeking employment when your disability occurred
• Be evaluated by a physician within eight days of your disability and continue seeing that physician to continue receiving benefits.
• Not currently be receiving workers’ compensation benefits
• Have state disability insurance deductions of at least $300 from your paycheck for 12 months. 

After determining eligibility, you must file a claim for disability insurance benefits (DE 2501). Please feel free to submit your claim online or by mail. The earliest you can submit your claim is nine days after your disability started but no later than 49 days. The date you became unable to work is the start date of your disability. It is important to note that you cannot change the start date of your disability during the claims process. During this time, you must have your doctor certify your disability. They can do so through SDI Online or by mailing part B of the DE 2501 claim form. 

Once you have completed all the necessary documentation, the EDD will review your claim. So that you know, you will generally receive a response within two weeks of submitting your claim. However, if the EDD requests additional information, it could be longer. Once the EDD has determined your eligibility, you will serve a seven-day waiting period before receiving benefits. 

Disability Insurance benefits are paid weekly, ranging from $50 to $1,252. You must earn at least $27,126.67 in a quarter to receive the maximum weekly benefits. Your weekly benefit amount is generally about 60 to 70 percent of the pay you had made in the past 5 to 18 months before your disability manifested. 

You can only receive disability insurance benefits for a maximum of 52 weeks. If you and your doctor believe your disability will not be resolved in a year, you must apply for social security disability benefits. 

Your weekly benefit amount will also consider any other income you receive, including paid time off and sick, leave pay, while also receiving disability insurance benefits. Your benefits could be reduced if you have not paid court-ordered child support or spousal support or were overpaid for a previous state disability insurance or unemployment insurance claim. To avoid these situations, it is essential to report all income to the EDD. 

Once approved for benefits, you can receive your benefit payments either by check or through the EDD Debit Card from Bank of America. If you choose to receive your benefits via check, it can take 7-10 days for delivery.