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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.

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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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

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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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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

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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

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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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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

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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

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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

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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

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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

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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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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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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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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

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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

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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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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

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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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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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