Can undocumented immigrants qualify for EDD SDI disability benefits in California?
My husband hurt his back pretty badly while working construction last week. His doctor says he needs to take at least 6 weeks off work to recover, maybe longer. We're really worried about how we'll pay rent and bills without his income. His employer pays into SDI (we can see the SDI deduction on his paystubs), but my husband is undocumented. Can he still file for disability benefits? We've heard mixed things from friends - some say yes because he pays into the system, others say no because of his immigration status. Has anyone been through this situation? Really appreciate any advice.
35 comments


Liv Park
Yes, your husband should be eligible for California SDI benefits even if he's undocumented. California specifically allows workers without legal immigration status to collect disability benefits if they've paid into the system (which it sounds like your husband has). The key thing is that he has valid wages reported and SDI deductions taken from his paychecks. He'll need to get his doctor to fill out the medical certification portion of the disability claim (DE 2501). Make sure the doctor includes detailed information about why he can't perform his normal job duties and the expected recovery timeline.
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Charlee Coleman
•Thank you so much! That's a huge relief. Do you know if they'll ask for a social security number? He has an ITIN for taxes but not a SSN.
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Leeann Blackstein
My cousin was in the same boat last year. They DO need some kind of ID number but ITIN works!! He got benefits no problem actually. They care more about if the $$ was taken out of checks not about immigration stuff for disability.
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Ryder Greene
•this is totally right! california is whats called a 'sanctuary state' so EDD doesnt share info with ICE. as long as he paid into the system he can collect benefits. its actually illegal for them to deny based on immigration status.
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Carmella Fromis
BE CAREFUL! While it's true that undocumented workers can technically file for disability in CA, it's NOT always straightforward!!! My brother-in-law applied last year and had MASSIVE delays because his employer had been reporting his wages under a different name (using someone else's SSN). This created a HUGE mess with EDD that took MONTHS to resolve!!! Make SURE that however your husband's wages have been reported matches EXACTLY what he puts on his application!! If there are ANY discrepancies, it will trigger additional verification that can delay benefits for weeks or months.
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Charlee Coleman
•Oh wow, that's really good to know. His employer does report everything under his correct name and ITIN. I'll double check all his paystubs to make sure everything matches exactly. Thank you for the warning!
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Theodore Nelson
i think u should talk to a lawyer before filing anything. my uncle tried to get disability and ended up with immigration problems later. not saying it will happen but better safe than sorry...
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Liv Park
•This is misinformation. California state disability is completely separate from federal immigration enforcement. The California EDD does not share information with ICE or other federal immigration authorities. There are specific privacy protections in place to prevent this. Your uncle may have had issues for completely unrelated reasons, but filing for state disability benefits in California will not trigger immigration enforcement.
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AaliyahAli
I went through this exact situation in 2025 when I broke my ankle. I'm also undocumented but have been paying taxes with my ITIN for years. I was able to successfully apply for SDI using my ITIN number. The most frustrating part was trying to get through to someone at EDD when I had questions. I kept calling for DAYS and could never reach a live person. Eventually I found this service called Claimyr (claimyr.com) that helped me get through to an actual EDD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd The EDD rep confirmed that undocumented workers who have paid into SDI are eligible for benefits. My claim was approved and I received benefits while I recovered. The key was having all my wage information match what my employer had reported.
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Charlee Coleman
•Thank you so much for sharing your experience. That's really reassuring! And thanks for the tip about Claimyr - we'll definitely check that out if we have trouble reaching EDD. Did they ask for any additional documentation because you used an ITIN instead of SSN?
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AaliyahAli
•They did ask for copies of my paystubs showing the SDI deductions, but that was it. Just make sure your husband's doctor completes the medical certification fully - that's the most important part. My first claim was delayed because my doctor didn't provide enough detail about why I couldn't work.
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Ellie Simpson
Has ur husband applied for unemployment before? Cuz that's different from disability and he probably CANT get that as undocumented. I'm just saying this cuz my friend got confused between unemployment and disability and gave wrong advice to people. disability = SDI = for injuries/medical conditions. Unemployment = UI = for layoffs (requires work authorization). Lots of people mix them up!
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Charlee Coleman
•Thanks for clarifying! No, he hasn't applied for unemployment. This would be specifically for disability (SDI) because of his back injury. Definitely good to know there's a difference though!
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Ryder Greene
make sure ur husband has all his doctor paperwork!!! thats the most important thing. my wife's claim got denied at first cuz the doctor didnt fill out the form right even tho she qualified otherwise.
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Charlee Coleman
•Thank you - we're actually meeting with his doctor tomorrow to go over all the paperwork. I'll make sure everything is filled out completely!
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Arjun Kurti
Just wondering - did your husband's injury happen AT work? If so, he might need to file for workers' compensation instead of SDI. They're two different systems. Work injuries = workers' comp. Non-work injuries/illness = SDI.
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Charlee Coleman
•That's a good point. His injury did happen at work, but his employer is saying it's not serious enough for workers' comp and told him to use his regular health insurance and apply for SDI instead. Is that right? Now I'm worried we should be doing something different.
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Liv Park
•That's actually incorrect advice from his employer. If the injury occurred at work, he should be filing for workers' compensation, not SDI. California workers' compensation covers all employees regardless of immigration status. His employer cannot legally discourage him from filing a workers' comp claim for a legitimate work injury. I would recommend contacting the California Division of Workers' Compensation information line at 1-800-736-7401 for guidance. They have Spanish-speaking staff available and can help explain his rights.
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Carmella Fromis
IMPORTANT: If your husband files for SDI but should have filed for workers' comp, it could create SERIOUS problems later!!! Workers' comp typically pays MORE and covers medical costs too. Some employers try to avoid workers' comp claims because their insurance rates go up. This happened to my cousin who was pressured to use SDI instead of workers' comp. Later when his injury got worse, he had problems getting additional treatment covered. If the injury happened at work, he needs to insist on filing a workers' comp claim (DWC-1 form). The employer MUST provide this form when they hear about a work injury.
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Charlee Coleman
•Thank you for this info. I'm definitely going to look into workers' comp instead based on what everyone is saying. His employer seemed really reluctant when we mentioned it, which now seems suspicious. I appreciate everyone's help sorting this out!
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StarSeeker
I'm glad you're getting good advice here! Just wanted to add that if you do end up filing for workers' comp (which sounds like the right path based on what others are saying), you can actually file both a workers' comp claim AND potentially get temporary SDI benefits while the workers' comp claim is being processed. Workers' comp claims can sometimes take a while to get approved, and SDI can provide some income in the meantime. Just make sure to be upfront with both agencies about filing for both - they'll coordinate to avoid any overpayments. Also, many areas have free legal clinics that help workers with comp claims, especially if your employer is being difficult about it. The California Department of Industrial Relations website has a list of resources by county. Hope your husband recovers quickly!
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Paolo Rizzo
•This is really helpful information! I didn't realize you could potentially file for both. That makes sense about SDI providing income while waiting for workers' comp approval. We'll definitely look into those free legal clinics too - it sounds like we might need some help navigating this if his employer keeps pushing back. Thank you for the encouragement about his recovery!
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Demi Lagos
I've been following this thread and wanted to add something important - make sure your husband documents everything about his injury right away! Take photos of any visible injuries, get copies of all medical records, and write down exactly how the accident happened while it's still fresh in his memory. Since this was a work injury, his employer is also required to report it to their workers' comp insurance carrier within a certain timeframe. If they refuse to provide the workers' comp forms or report the injury, you can file directly with the California Division of Workers' Compensation. One more thing - don't let anyone pressure you into signing anything that says the injury wasn't work-related or that you won't file for workers' comp. Some employers unfortunately try to get injured workers to sign waivers, especially if they think the worker might not know their rights. Your husband has the same rights as any other worker in California, regardless of immigration status. Don't let anyone tell you otherwise!
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Javier Torres
•This is excellent advice about documenting everything! I wish we had thought to take photos right when it happened, but we'll make sure to get copies of all his medical records and write down the details. It's really helpful to know that we can file directly with the Division of Workers' Compensation if his employer keeps being difficult about providing the forms. We definitely won't sign anything without understanding what it means first. Thank you for emphasizing that he has the same rights - sometimes it's easy to feel like we don't have options, but it sounds like California really does protect workers regardless of status.
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NightOwl42
I work in workers' comp administration and wanted to emphasize what others have said - this is definitely a workers' compensation case, not SDI! When an injury happens at work, workers' comp is the primary system that applies, regardless of how "serious" the employer thinks it is. Your husband's employer cannot legally determine whether an injury qualifies for workers' comp - that's up to the insurance company and medical professionals. A back injury serious enough to require 6+ weeks off work is absolutely significant enough for a workers' comp claim. Here's what you should do immediately: 1. Request the DWC-1 (workers' comp claim form) from his employer in writing 2. If they refuse, download it from the DWC website and file it yourself 3. Make sure he continues seeing his doctor and follows all treatment recommendations 4. Keep detailed records of all medical appointments and expenses Workers' comp will cover his medical treatment AND provide temporary disability payments (usually about 2/3 of his average weekly wage). This is typically much better than SDI benefits. The fact that his employer is steering him away from workers' comp is a red flag. Don't let them intimidate you - California law protects all workers, regardless of documentation status.
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Admin_Masters
•This is incredibly helpful - thank you for explaining this so clearly! As someone who works in the system, your advice really gives me confidence that we're on the right track. We're going to request that DWC-1 form from his employer in writing tomorrow, and if they give us any pushback, we'll file it ourselves. It's reassuring to know that workers' comp typically pays better than SDI and covers medical costs too. I really appreciate you taking the time to break down exactly what we need to do next. Knowing that California law protects all workers regardless of status makes such a difference in how we approach this situation.
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Jasmine Hancock
I've been reading through this thread and I'm really glad to see everyone helping clarify the workers' comp vs. SDI situation! As someone who went through a similar experience a few years ago, I wanted to add one more resource that might be helpful. If you end up needing legal assistance with the workers' comp claim (especially if the employer continues to be difficult), there are organizations like the California Applicants' Attorneys Association that have directories of lawyers who specialize in workers' comp cases. Many work on contingency, meaning they only get paid if you win your case. Also, once you file the workers' comp claim, make sure to keep copies of EVERYTHING - every form, every medical report, every communication with the insurance company. The paper trail is super important if there are any disputes later. Your husband is lucky to have someone advocating for him like this. The system can be confusing even for people who speak English as their first language and are familiar with these processes. Don't hesitate to ask questions if anything seems unclear - that's what these agencies are supposed to help with!
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Jean Claude
•Thank you so much for mentioning the California Applicants' Attorneys Association! I hadn't heard of that resource before, and knowing that many work on contingency makes it feel much more accessible if we need legal help. You're absolutely right about keeping copies of everything - I'm going to start a dedicated folder for all the paperwork right away. It really means a lot to have everyone's support and advice here. This whole situation has been overwhelming, but having people share their experiences and knowledge makes it feel so much more manageable. I feel like we have a clear path forward now thanks to everyone who took the time to help us understand the difference between workers' comp and SDI. We're going to advocate for what's right and make sure my husband gets the benefits he's entitled to!
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Hassan Khoury
I'm really impressed by how this community came together to help you figure out the workers' comp vs. SDI situation! As someone new here, I wanted to add that if you need help communicating with your husband's employer about the workers' comp claim, many local immigrant resource centers and labor advocacy groups offer free assistance with workplace issues. They often have staff who speak multiple languages and understand the challenges undocumented workers face. The Cal/OSHA website also has information about worker rights in multiple languages, which might be helpful to reference when talking to the employer. Sometimes having official resources to point to can make employers take these situations more seriously. It sounds like you've gotten excellent advice here - definitely pursue the workers' comp route since this was a workplace injury. Don't let the employer discourage you from filing the proper claim. Your husband paid into the system and deserves the protection and benefits that come with that. Best of luck with his recovery and getting this sorted out!
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Isabella Russo
•Thank you for the warm welcome and the additional resources! I really appreciate you mentioning the immigrant resource centers and labor advocacy groups - that's exactly the kind of local support we might need if his employer continues to be difficult. I hadn't thought to check the Cal/OSHA website either, so that's a great suggestion for having official documentation to reference. It's amazing how much clarity this thread has provided. When I first posted, I thought we were just dealing with a simple disability claim, but now I understand this is actually a workers' compensation case with much better benefits and protections. Everyone here has been so generous with their knowledge and experience. We're feeling much more confident about moving forward with the workers' comp claim now. Having all these resources and the support of people who've been through similar situations makes such a difference. Thank you again for taking the time to help newcomers like us navigate these complex systems!
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Zane Gray
I just wanted to say how helpful this entire thread has been! As someone who's new to understanding these benefits, seeing everyone work together to help clarify the workers' comp vs. SDI situation has been really educational. For anyone else reading this who might be in a similar situation - the key takeaway seems to be that if your injury happened AT work, you should file for workers' compensation (which covers medical costs AND pays about 2/3 of your wages) rather than just SDI. And importantly, undocumented workers have the same rights to workers' comp benefits in California as anyone else. The red flag here was the employer trying to steer away from workers' comp - that suggests they're trying to avoid their responsibility. Don't let employers make that decision for you! Thanks to everyone who shared their experiences and expertise. This is exactly the kind of community support that makes a real difference for people navigating these complex systems for the first time.
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Miguel Ramos
•Absolutely agree! This thread has been such a great example of community members sharing knowledge and looking out for each other. As someone who's also fairly new to understanding these systems, I learned so much just by reading through everyone's experiences. The distinction between workers' comp and SDI is something I never would have known about otherwise, and it's clear that makes a huge difference in terms of benefits and coverage. It's also really important that everyone emphasized how California protects all workers regardless of immigration status - that's not something you hear about enough. I hope the original poster's husband gets the workers' comp benefits he deserves and recovers quickly from his injury. Thanks to everyone who took the time to share their expertise and help clarify such an important issue!
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Alexander Evans
This has been such an educational thread to follow! As someone new to this community, I'm really impressed by how everyone came together to help clarify such an important issue. I wanted to add one more resource that might be helpful - the California Labor Commissioner's office also has a multilingual helpline (1-844-522-6734) where workers can get information about their rights, including workers' compensation. They're specifically trained to help people understand the difference between various benefit programs. It's clear from this discussion that your husband's situation is definitely a workers' comp case, not SDI, since the injury happened at work. The fact that his employer is trying to discourage the workers' comp claim is unfortunately common but absolutely not legal. California's workers' compensation system is designed to protect ALL workers who get injured on the job, regardless of immigration status. Keep advocating for what's right - your husband paid into these systems through his work and deserves the full protection and benefits they provide. Wishing him a speedy recovery and hoping the claim process goes smoothly once you get it filed properly!
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Dylan Mitchell
•Thank you for sharing that Labor Commissioner helpline number - that's such a valuable resource! As someone just learning about these systems myself, having a multilingual helpline specifically for worker rights questions sounds incredibly helpful. It's really striking how this whole thread has evolved from the original SDI question to everyone helping identify that this should actually be a workers' comp claim. That's the power of community knowledge sharing right there! The pattern of employers trying to discourage workers' comp claims seems to be unfortunately common based on what several people have shared here. It's so important that California has these protections in place for all workers, and that there are resources like the Labor Commissioner's office to help people navigate their rights. This thread has been a masterclass in how to research and advocate for proper benefits. Hope everyone who reads this in the future benefits from all the expertise that's been shared here!
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Tasia Synder
This thread has been incredibly informative! As a newcomer to this community, I'm amazed by how everyone worked together to help identify that this is actually a workers' compensation case rather than just an SDI claim. For anyone else who might find this thread in the future, here are the key points I learned: 1. **Work injury = Workers' Comp, NOT SDI** - If the injury happened at work, you should file for workers' compensation which typically provides better benefits (about 2/3 of wages PLUS medical coverage) 2. **All workers are protected in California** - Immigration status doesn't matter for workers' comp benefits if you've been paying into the system 3. **Employers can't decide what qualifies** - If an employer tries to steer you away from workers' comp, that's a red flag. They don't get to determine eligibility 4. **Resources available**: - DWC-1 form (can download yourself if employer won't provide) - California Division of Workers' Compensation: 1-800-736-7401 - Labor Commissioner's multilingual helpline: 1-844-522-6734 - Free legal clinics through California Department of Industrial Relations Thank you to everyone who shared their expertise and personal experiences. This is exactly the kind of community support that helps people navigate these complex systems and get the benefits they've earned!
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