Can I get unemployment after 1-year SDI claim expired mid-treatment? Surgery complications left me income-less
I'm in a really tough spot and desperately need advice. I had a serious back injury requiring spinal fusion surgery, but my timing couldn't have been worse. I was on SDI from August 2024 through August 2025 (full year), but my claim exhausted RIGHT when I finally got approved for my spinal fusion surgery. I had the surgery in August 2025 and just started physical therapy last week, but now I have ZERO income. Back in June, an EDD representative told me over the phone that I could apply for a new disability claim after a 60-day waiting period if I was still disabled after my one-year claim ended. I waited patiently, marking the days off my calendar, then went to the EDD office in person last week with all my documentation. The rep there looked confused and said that information was incorrect - I can't file a new claim for the same medical condition even with the waiting period. Now I'm completely lost. I can't work yet (doctor says 3 more months of PT), my savings are gone, and my landlord just raised my rent by $275/month. Would I qualify for unemployment benefits even though I'm not technically able to work? Are there any disability extension programs I'm missing? The EDD website is so confusing and the phone lines are impossible. Please help!
18 comments


Omar Fawaz
I hate to say this, but you're facing a common problem with the 52-week SDI limit. The representative who told you about filing a new claim after 60 days was partially right but crucially wrong. You CAN file a new claim after a waiting period, but NOT for the same medical condition or a related one. EDD regulations specifically prohibit what's called "claim stacking" for the same disability. As for unemployment, unfortunately that's not an option either since UI requires you to be able and available for work. If your doctor says you can't work, you won't qualify for UI benefits. What you might want to look into: 1. SSDI (Social Security Disability Insurance) if your condition will last longer than 12 months 2. State General Assistance/Relief programs 3. Ask your doctor if you qualify for Partial Return to Work under SDI 4. Contact the Department of Rehabilitation for return-to-work assistance
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Freya Pedersen
•Thank you for the clear explanation. I'm incredibly frustrated that the first rep gave me such wrong information - I would have planned differently if I'd known this! My surgery was actually delayed 3 times (hospital scheduling issues), which is why it fell right at the end of my benefit period. I'll look into the programs you mentioned. Do you know if there's any way to appeal the 52-week limit based on the fact that my treatment was delayed due to healthcare system issues rather than my choice?
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Chloe Anderson
i had almost the exact same thing happen to me!! my claim ended and i needed another surgery. wat i did was had my doctor change the diagnosis code to something slightly different (like from disc herniation to radiculopathy or something) and then it worked for a new claim. worth trying maybe?????
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Omar Fawaz
•I want to caution against this approach. While some doctors might be willing to adjust diagnosis codes, EDD reviews medical records carefully, especially for sequential claims. If they determine there's intent to circumvent the system, you could face serious consequences including having to repay benefits plus penalties. Medical records tell a story that's hard to reframe without raising red flags.
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Diego Vargas
The whole disability system is DESIGNED to leave ppl falling thru the cracks!!! My sister had almost identical situation but with a knee replacement & they did the SAME THING. When she went back at the end of her claim they had NO RECORD of anyone telling her she could file again. Its all a scam to save money and kick disabled ppl off the system. I've seen it OVER AND OVER again!!!!!
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Anastasia Fedorov
•I had the opposite experience actually. EDD was super helpful with extending my claim when I had complications from my surgery. Maybe it depends on which office you go to or who you talk to? Some reps seem to know all the rules and others seem completely confused about their own policies.
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StarStrider
Have you looked into California's Paid Family Leave (PFL)? It's different from SDI but sometimes people can qualify for it after SDI runs out depending on circumstances. My brother-in-law used it after his medical treatment. Worth checking out maybe?
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Sean Doyle
•PFL doesn't apply here. That's for caring for a family member or bonding with a new child, not for your own medical condition. Very different program even though it's administered by the same department.
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Zara Rashid
I had to call EDD literally 87 times in one day last month trying to sort out a similar situation with my disability claim. It was absolutely maddening! Finally I found this service called Claimyr that got me connected to an EDD representative in about 15 minutes. They have agents who know how to navigate the phone system and get you through to a real person. Saved me hours of frustration. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd In your situation, I think you need to speak directly with an SDI specialist about possible extensions or exemptions. There are some rare exceptions to the 52-week rule, but only a knowledgeable agent can tell you if you might qualify. The standard reps at the front desk of EDD offices often don't know the disability exceptions.
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Freya Pedersen
•Thank you for this recommendation! I've been trying to call for days and just keep getting disconnected or told to call back later. I'll check out that service - at this point I'm desperate enough to try anything that might get me through to someone who can actually help. Do you remember if they had specialists who knew about the disability side specifically? The unemployment people never seem to understand SDI rules.
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Sean Doyle
Here's the actual regulation that applies to your situation: California Unemployment Insurance Code Section 2653 establishes the 52-week maximum benefit period for a single disability benefit period. You cannot receive more than 52 times your weekly benefit amount for any one disability claim. However, there is a potential option: if your doctor can certify that your current inability to work stems from a *new and different* condition that resulted from your surgery (like a surgical complication), this could potentially be classified as a new disability. It's a technical distinction, but one that might help in your case. I'd recommend getting a detailed letter from your surgeon explaining any complications or new medical issues that weren't part of your original claim. It's a long shot, but worth trying if legitimate.
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Freya Pedersen
•This is incredibly helpful information, thank you! I actually did have a complication during surgery - they found additional nerve compression that wasn't visible on the MRI. That required them to do a more extensive fusion than originally planned, which is partly why my recovery is taking longer. I'll talk to my surgeon about documenting this as a potentially separate condition. Even if it's a long shot, it's worth trying!
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Anastasia Fedorov
Have you considered asking your doctor if you could work part-time with restrictions? Even if it's just a few hours a week? That way you might qualify for partial unemployment or partial disability. I was able to get partial benefits when I was recovering from my health issues last year. It wasn't much money but it helped with some bills.
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StarStrider
•This is actually a really smart approach! My cousin did something similar - worked 15 hours a week from home during recovery and got partial benefits. Depends on your field though and what kind of work you do. What type of job did you have before disability?
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Chloe Anderson
u might want to check if ur eligible for calfresh (food stamps) and also look at rental assistance programs. theres smthing called the Housing Is Key program in cali that helps with rent when ur in a crisis. might take a while to get approved but could help eventually
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Freya Pedersen
•Thanks for mentioning these options. I'll definitely apply for CalFresh this week - haven't thought about that. I was making decent money before my injury so I never considered assistance programs, but at this point I need all the help I can get. I'll also look into that housing program. My landlord is already making noise about eviction so I need to figure something out fast.
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Diego Vargas
Update us on what happens!!! So many people face this EXACT situation and EDD does NOTHING to help!! The whole 52-week limit is arbitrary and cruel - how can they expect people to magically recover from major surgery in exactly 52 weeks???
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Omar Fawaz
•I understand the frustration, but the 52-week limit actually exists because SDI is designed as short-term income replacement, not long-term disability. For conditions lasting beyond a year, the federal SSDI program is intended to take over. The problem is the gap between these systems - SSDI takes months or years to approve while SDI ends abruptly at 52 weeks regardless of individual circumstances.
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