Back to California Disability

Jamal Anderson

Can gig work (Instacart/Uber) count toward $1,300 EDD earnings requirement after benefits exhaustion?

Hey everyone, I'm in a bit of a situation with my disability benefits. My SDI claim is almost exhausted but my doctor says I'll need to file again when I'm eligible in about 4 months. The EDD rep I finally got through to mentioned I need to earn at least $1,300 before I can file a new claim. The problem is my medical condition makes it hard to go back to my regular construction job right away. I was thinking of doing some light gig work like Instacart or maybe food delivery that I could manage with my limitations. Does anyone know if income from these gig jobs counts toward the $1,300 earnings requirement for a new disability claim? The EDD website is super vague about this and I can't get through on the phone again to ask. Would appreciate any insights from folks who've been in a similar situation!

ya it counts as long as ur paying taxes on it. my cousin did doordash between claims last yr

0 coins

That's a relief to hear! Did your cousin have to submit anything special to prove the income or did EDD just verify it automatically?

0 coins

To be more specific, what matters is whether you're paying into State Disability Insurance (SDI) through these earnings. Most W-2 employment automatically deducts SDI contributions from your paycheck, which is why traditional employment easily qualifies. For gig work like Instacart and rideshare, you're typically classified as an independent contractor (1099 worker), NOT an employee. This is very important for your situation because independent contractors don't automatically pay into SDI unless they've opted into the Disability Insurance Elective Coverage (DIEC) program. If you haven't enrolled in DIEC and are working as a 1099 contractor, those earnings will NOT count toward qualifying for a new SDI claim regardless of how much you earn.

0 coins

Oh no, that's not what I was hoping to hear. I had no idea there was a difference! So it sounds like I need to find some kind of W-2 employment instead? This complicates things with my restrictions.

0 coins

Wait im confused... i thought california made uber drivers employees not contractors with that AB5 law? wouldnt that mean they DO take out SDI??

0 coins

That's a common misconception. Despite AB5 and Prop 22 battles, most gig workers (including Uber, Lyft, Instacart, etc.) are still classified as independent contractors in California, not employees. These companies provide certain benefits now, but they generally don't make standard payroll deductions including SDI contributions. Always check your specific agreement, but most gig workers need to opt into DIEC if they want their earnings to count toward future disability claims.

0 coins

I went through something similar last year after my pregnancy disability claim. I needed to qualify for a new claim for a different medical condition but couldn't return to my regular job right away. My EDD caseworker told me that ANY job where SDI is being deducted from your paycheck will count toward the $1,300 minimum. I found a part-time retail position that accommodated my restrictions, worked just enough to hit the minimum, and was able to file my new claim successfully. The key is finding W-2 employment where you're classified as an employee, not an independent contractor. Many gig jobs won't help you qualify because they don't withhold SDI taxes.

0 coins

Thank you for sharing your experience! Looks like I need to find a W-2 position, even if it's part-time. That's really helpful to know.

0 coins

AVOID THE GIG WORK TRAP!!! I learned this the hard way after driving for Uber for 3 months thinking I was qualifying for disability. When I tried to file a new claim EDD laughed at me and said NONE of it counted!!! The system is RIGGED against gig workers and nobody tells you this until it's too late. So frustrating!!!!

0 coins

This happened to my brother too. The whole system is designed to make it as complicated as possible. And good luck getting anyone on the phone at EDD to explain any of this BEFORE you waste months of your time...

0 coins

I recommend looking into the Disability Insurance Elective Coverage (DIEC) program if you really want to do gig work. Self-employed individuals and independent contractors can voluntarily elect to pay into SDI through this program. However, be aware that: 1. There's an application process and waiting period 2. You need to commit to the program for two complete calendar years 3. You'll pay a percentage of your profits as SDI premiums 4. There are minimum income requirements Another option: look for legitimate W-2 part-time work that accommodates your medical restrictions. Many employers offer modified duties or limited hours for those with medical limitations.

0 coins

Thanks for the detailed info! The DIEC program sounds complicated for my short-term needs. I think finding accommodating part-time W-2 work is probably my best bet.

0 coins

Have you tried calling EDD directly? I know it's nearly impossible to get through on those phone lines. When I was dealing with my SDI claim issues last month, I used Claimyr (claimyr.com) to get through to a live agent without the endless busy signals and disconnections. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd This is definitely a nuanced situation and you need accurate info directly from an EDD specialist about your specific circumstances, especially with the gig work question.

0 coins

Thanks for the tip! You're right, I do need to speak directly with an SDI specialist about my situation. I've been trying for days with no luck. I'll check out that service.

0 coins

i tried calling EDD like 50 times last month. complete waste of time. ended up just finding a normal job at target. they hire everyone lol

0 coins

Just want to add something important - even if you find W-2 employment to meet the $1,300 requirement, make sure it doesn't conflict with any work restrictions from your doctor. If you're currently on disability, working beyond your medical restrictions could potentially jeopardize your current benefits or recovery. Always make sure any work you do is cleared by your treating physician and documented properly!

0 coins

That's a really good point. I'll definitely talk with my doctor before taking on any work to make sure it's within my limitations. Definitely don't want to risk my recovery or current benefits.

0 coins

my friend works at costco and they r super good about accomodations for medical stuff. they hired her part-time with restrictions and the pay is decent. might be worth looking into!

0 coins

Costco might be a good option - I'll check if they have any openings near me. Thanks for the suggestion!

0 coins

Just wanted to share another option that might work for your situation - temporary staffing agencies! Many of them offer W-2 positions (even short-term ones) and some specialize in light duty or accommodated work. I used Kelly Services when I was between disability claims and they were really understanding about my medical restrictions. The pay wasn't amazing but it got me to the $1,300 threshold pretty quickly. Plus they handle all the tax withholdings including SDI so you know it'll count toward your requirement. Worth checking out agencies like Kelly, Manpower, or Robert Half in your area.

0 coins

Just wanted to add another potential resource that hasn't been mentioned yet - One-Stop Career Centers (also called America's Job Centers). They have locations throughout California and offer free employment services specifically designed to help people with barriers to employment, including those with medical restrictions or disabilities. What's really helpful about these centers is that they often have relationships with local employers who are already committed to inclusive hiring practices. They can help you identify W-2 positions that accommodate your specific medical limitations, and they provide job search assistance, interview coaching, and sometimes even help with work clothes or transportation if needed. I used their services when I was transitioning back to work after a long-term illness and found them really supportive. They understand the complexity of working with medical restrictions and can help you navigate the job search process while ensuring you're meeting your SDI earnings requirements. You can find your nearest location at careeronestop.org. Between the temp agencies, Department of Rehabilitation services, and One-Stop Centers, you should have several good options for finding accommodating W-2 employment. The key is starting early since these processes can take a few weeks to get rolling.

0 coins

This is such valuable information, Carlos! I had never heard of One-Stop Career Centers before but they sound like exactly what I need. The fact that they specifically work with people who have medical restrictions and have existing relationships with inclusive employers is huge. I really appreciate you mentioning the additional support services too - things like interview coaching could be really helpful since I haven't job searched in a while due to my disability. I'm definitely going to look up my nearest location. Between all the resources everyone has shared - temp agencies, Department of Rehabilitation, and now One-Stop Centers - I feel like I actually have a solid game plan now instead of just panicking about the gig work dead end. Thanks so much for taking the time to share this!

0 coins

California Disability AI

Expert Assistant
Secure