Can my husband file EDD SDI claim for Long Covid cognitive issues after being laid off twice?

i think ur past the deadline iirc you only have like 30 or 60 days after u stop working to file sdi. might wana look into ssdi instead since thats for long term stuff but its super hard to get approved

The standard filing deadline for SDI is indeed within 49 days from the date your disability began. However, there's something called "good cause" that might apply in your situation. EDD can make exceptions if you can prove you had valid reasons for not filing sooner - like not understanding the severity of the condition, especially with something as new and evolving as Long COVID. You should file a claim anyway and include a detailed explanation about why you're filing late. Have your husband's doctors provide documentation showing they've been treating him continuously since COVID and that the cognitive issues are directly related. Make sure they specifically document how these issues prevented him from performing his job duties. Also, technically for SDI, you need to have been either employed or actively looking for work when the disability began. Since he was laid off from his last job in May 2023, that timing could be tricky. When did his doctors officially determine he couldn't work?

My brother went through something similar with long covid affecting his lungs! He waited almost 5 months to file for disability because doctors kept saying it would get better. EDD denied him at first for late filing but he appealed and eventually got approved with backpay. Definitely worth trying!

I know people are mentioning SDI but based on the timeline you've described, your husband might actually qualify for Paid Family Leave (PFL) which has different requirements than SDI. Since he's been unemployed, Social Security Disability Insurance (SSDI) through the federal government might also be an option, though that process can take a long time and has stricter medical requirements. I strongly suggest getting on the phone with an EDD representative who can review your specific situation. The problem is their phone lines are almost impossible to get through on - I was calling for weeks with no luck when I had questions about my own disability claim.

You have a couple of options here, but you need to act quickly: 1. SDI claim with "good cause" for late filing - As others mentioned, the 49-day deadline can be extended if you can demonstrate good cause. Long COVID's evolving understanding and your continued medical treatment may qualify. Include detailed timeline and all medical documentation. 2. If SDI isn't approved, apply for SSDI (Social Security Disability Insurance) - This is federal, not state, and is specifically for long-term disabilities. The approval process is lengthy (often 6+ months) and has stricter medical requirements, but benefits can be substantial for long-term conditions. 3. Consider consulting with a disability attorney - Many offer free initial consultations and can advise on which program is more appropriate for your situation. They only get paid if you win benefits. For the SDI application, make sure your husband's doctors specifically document how his cognitive issues prevent him from performing ANY type of work he's qualified for, not just his previous job. The medical documentation needs to clearly establish that these issues are directly related to COVID and have been continuously present despite treatment efforts.

i got long covid too and the brain fog is REAL!!! took me like 6 months to even realize how bad it was affecting my work. definitely file even if its late, worst they can say is no. make sure ALL his doctors are documenting EVERYTHING. my claim got denied first try even with good documentation but i appealed and eventually got approved. one thing - make sure he keeps seeing his docs regularly. EDD wants to see ongoing treatment not just past treatment. without that they'll say he's not trying to get better or something stupid.

Remember that the 49-day filing deadline for SDI starts from when the disability begins, not from when employment ends. In your husband's case, this is complicated since he continued seeking work after being laid off. You'll need to establish when his condition officially prevented him from working - the doctors' determination in November 2023 could be considered the official disability start date rather than his layoff date, which might actually work in your favor for the filing deadline. Also, SDI requires recent work credits, so as long as he worked and paid into SDI during the base period (roughly 5-18 months before filing), he should meet the work requirements even though he's currently unemployed.

EDD's rules can sometimes be flexible for unusual situations, but trying to navigate them is incredibly frustrating. When my partner had a complicated disability claim, we could NOT get through to anyone helpful on the phone for weeks. I eventually used Claimyr (claimyr.com) and got connected to an EDD rep in about 15 minutes. The website shows exactly how it works in their video demo: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd The rep we spoke with was actually super helpful and explained exactly what documentation we needed for our unusual situation. For something as complicated as long COVID with cognitive issues, I'd definitely recommend speaking directly with EDD rather than trying to guess what they'll accept.

Has anyone mentioned Unemployment Insurance to you? If he was laid off, he might have qualified for UI while looking for work. Though I'm not sure if you can get UI and then switch to SDI later... the rules get really confusing when benefits overlap.