Applied for EDD SDI after workers comp delay - how to get benefits while waiting for attorney?
I'm in a really tough spot and desperately need advice. I injured my back lifting heavy inventory at my warehouse job 6 weeks ago. Filed workers comp immediately, but they've been stalling my claim saying they need 'further investigation.' Meanwhile, my doctor has me completely off work, my savings are gone, and I can't pay rent next month. I finally hired a workers comp attorney last week (they take a % of settlement so no upfront cost), but he said the case could take months to resolve.\n\nCan I apply for EDD SDI while my workers comp case is pending? My doctor said I should be eligible for disability since I can't work, but I'm confused about how this works with an open workers comp claim. Do I need special forms? Will this mess up my workers comp case? Has anyone successfully gotten SDI while waiting for workers comp to be settled? I'm seriously stressed about paying bills and need income ASAP.
24 comments


ElectricDreamer
Yes, you can get EDD SDI benefits while your workers' comp case is pending, but there are some important things to know. You'll need to file a regular SDI claim using the DE 2501 form and make sure your doctor completes the medical certification. When you fill out the form, you'll need to indicate that your disability is work-related and that you've filed for workers' comp. \n\nThis is called a \
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Dmitry Smirnov
Thank you so much for explaining this! Do you know if my doctor needs to fill out a special form since it's related to a workers comp injury? And will EDD pay the full benefit amount even though it's work-related?
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Ava Johnson
I got hurt at work 2 years ago and had to deal with this EXACT situation!!! workers comp is such a SCAM they denied my claim for 5 months!!! i did apply for SDI while waiting and got benefits BUT when my workers comp was finally approved i had to pay back every penny of the SDI i received. its basically like a loan. still better than nothing tho when ur desperate
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Dmitry Smirnov
That's exactly what I'm worried about - being stuck for months with no income. Did you have any trouble with the SDI application? I'm afraid they'll deny me because I already have an open workers comp claim.
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Ava Johnson
nope wasnt an issue at all. they know workers comp companies pull this crap all the time. just be HONEST on your application that you have a pending workers comp case. my lawyer actually told me to do this!!
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Miguel Diaz
I've gone through this process before. There's a specific way you need to handle this situation:\n\n1) File your SDI claim using form DE 2501 (you can do this online through SDI Online)\n2) Make sure your doctor clearly documents your inability to work in the medical certification\n3) Disclose your pending workers' comp claim on the application\n4) You'll need to sign a Lien form (DE 2501D) - this legally establishes that you'll repay SDI if you get workers' comp later\n\nOne important note: If your workers' comp claim is eventually approved and covers the same period as your SDI benefits, you'll need to repay EDD. The attorney should help coordinate this.\n\nThe good news is that EDD typically processes these claims faster than workers' comp, so you should get some income while you wait.
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Dmitry Smirnov
Thank you for those details! Do you know how long it typically takes for SDI to start paying out in this situation? My bills are piling up fast.
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Zainab Ahmed
The workers comp system is total garbage!!! They did the exact same thing to my husband. Denied his claim for THREE MONTHS saying they were
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Connor Byrne
I had a similar experience but it was even worse - workers comp denied my claim completely after 2 months of
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Yara Abboud
I'd strongly recommend trying Claimyr to help speed up your SDI claim. I was in a similar situation last year with workers comp dragging their feet, and when I applied for SDI, I couldn't get anyone on the phone at EDD to confirm they received my doctor's paperwork.\n\nI used Claimyr (claimyr.com) and they got me connected to an actual EDD representative in about 25 minutes when I had been trying for weeks on my own. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd\n\nThe rep confirmed my paperwork was received but there was an issue with my doctor's certification they needed to fix. Without talking to someone, my claim would have been stuck for who knows how long.
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PixelPioneer
Does that service really work? I've been calling EDD for two weeks straight and can't get through. Is it expensive?
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Yara Abboud
It definitely worked for me. I was skeptical too but was desperate after trying to call on my own for days. They just help you skip the hold queue, then you talk directly with an actual EDD rep. Was worth it to get my claim moving.
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ElectricDreamer
To answer your question about timing - typically SDI claims take about 7-14 days to process once all paperwork is received. However, since your case involves a pending workers' comp claim, it might take a bit longer as they need to process the additional lien paperwork.\n\nMake sure your doctor submits their certification promptly, as that's often what causes delays. If you apply online and your doctor also submits electronically, it's usually faster than paper forms.\n\nAlso, remember there's a 7-day waiting period before SDI benefits begin. So you won't be paid for the first week of your disability, but benefits start accruing after that.
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Dmitry Smirnov
Thanks for explaining the timeline. My injury happened 6 weeks ago, so I'm well past the waiting period. I'll talk to my doctor tomorrow to make sure they submit the certification right away. I need this money desperately.
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Keisha Williams
i went thru this last yr and ended up having to live w/ my parents for 2 months bc workers comp took 4ever... SDI helped but OMG its only like 60-70% of ur regular pay which is barely anything if ur already living paycheck 2 paycheck like me... have u looked into any emergency rental assistance programs in ur area too? some counties have programs to help with rent when ur disabled
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Miguel Diaz
This is good advice. Many counties in California have emergency rental assistance programs specifically for situations like this. You can contact your local county social services department to ask about emergency assistance programs. Some nonprofits also offer temporary help with bills while you're waiting for benefits to start.
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PixelPioneer
Just a heads up from someone who's been through this - make sure you're tracking EVERYTHING. Keep copies of all your workers comp paperwork, doctor visits, and communications. When I was in this situation, having detailed records made a huge difference when it came time to sort everything out financially. Also, don't hesitate to ask your attorney if they have a relationship with any doctors who might be able to expedite the medical certification for your SDI claim.
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Dmitry Smirnov
That's a great point about keeping records. I've been saving everything so far but I'll make sure to stay organized. I'll definitely ask my attorney about helping with the medical certification too.
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Ava Johnson
one more thing - when ur filling out the SDI application online be 100% honest about the workers comp claim. my cousin tried to hide it and then got flagged for fraud investigation which froze her benefits for like 2 months. NOT worth it!!! EDD and workers comp do share information so they WILL find out anyway.
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Dmitry Smirnov
I definitely wouldn't try to hide anything! I just want to make sure I'm doing everything correctly. This whole system is so confusing when you're already stressed about being injured and having no income.
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Ezra Collins
I completely understand how overwhelming this situation can be - being injured, dealing with financial stress, and trying to navigate multiple systems at once is incredibly difficult. Based on what everyone has shared here, it sounds like you have a solid plan forming. A few additional tips from someone who's helped others through similar situations: 1) When you apply for SDI online, save screenshots of every page as you complete it. Sometimes the system glitches and you'll want proof of what you submitted. 2) Ask your doctor's office to give you a copy of the medical certification they submit to EDD. This way you can see exactly what they wrote and follow up if needed. 3) Consider setting up direct deposit for your SDI benefits if possible - it's faster than waiting for checks in the mail. 4) Keep a simple calendar marking when you applied, when your doctor submitted paperwork, and any other key dates. This helps if you need to call EDD later. The fact that you already have an attorney for the workers comp case puts you ahead of many people in this situation. They should be able to coordinate the eventual repayment to EDD once your workers comp is resolved. Hang in there - this process is tough but you're taking all the right steps!
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Mason Lopez
•This is such helpful advice, especially about saving screenshots! I learned this the hard way with other online applications that crashed halfway through. The calendar idea is really smart too - I've already been documenting everything for my attorney but having a simple timeline will make it easier to track where things stand with both claims. @96433ba93288 Do you know if there are any specific questions EDD typically asks when they see you have a pending workers comp claim? I want to be prepared so I don't accidentally say something that could delay my application. I'm feeling more confident about this process after reading everyone's experiences. It's reassuring to know that other people have successfully navigated this situation, even though it's stressful. Thank you all for sharing your knowledge!
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Carmella Fromis
I went through almost the exact same situation about 8 months ago - warehouse injury, workers comp stalling, desperate for income. Here's what I wish someone had told me from the start: Apply for SDI immediately, don't wait any longer. The 7-day waiting period starts from when your disability began (your injury date), not when you apply. So you're already past that hurdle. When I applied, EDD asked a few standard questions about the workers comp case: the claim number, insurance company name, date of injury, and whether benefits had been paid or denied. Just answer honestly - they're used to this situation. One thing that helped me was calling my doctor's office before applying to make sure they could submit the medical certification within 24-48 hours. Some offices are really slow with this, and it can delay your whole claim. Also, when workers comp finally did approve my case 4 months later, the repayment process to EDD was actually pretty straightforward. My attorney handled most of it, and I just had to sign some paperwork. The key is that you get to keep any difference if your workers comp benefit is less than what SDI paid you. You're doing everything right by getting an attorney and exploring SDI. Don't let the workers comp company's delays keep you from getting the help you need right now. Good luck!
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Maya Jackson
•@4a853dd015b9 This is exactly what I needed to hear! I had no idea that the 7-day waiting period starts from the injury date, not the application date - that's such a relief since I've already been out of work for 6 weeks. Your point about calling my doctor's office first is really smart. I'll definitely do that tomorrow morning before I start the SDI application. I don't want to get everything submitted and then have it sit there waiting for medical certification for weeks. It's also reassuring to know that the repayment process wasn't too complicated when your workers comp finally came through. I was worried it would be some nightmare bureaucratic mess, but if the attorney handles most of it, that takes a lot of pressure off. Did EDD give you any trouble about the fact that your workers comp was still pending when you applied? I'm just nervous they'll see the open case and automatically deny me or put me in some kind of review process that takes forever. Thanks for sharing your experience - it really helps to hear from someone who actually went through this exact situation successfully!
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