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Charlee Coleman

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.

Liv Park

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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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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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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

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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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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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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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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

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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

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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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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

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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

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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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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

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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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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

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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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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

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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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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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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

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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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Danielle Mays

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As someone new to this community, I've been following this thread and it's been such an incredible learning experience! The way everyone came together to help identify that this is actually a workers' compensation case rather than an SDI issue has been amazing to watch. I wanted to share a resource that hasn't been mentioned yet - the California Workers' Compensation Appeals Board (WCAB) also has self-help resources on their website (wcab.ca.gov) including guides in multiple languages. If there are any disputes with the workers' comp claim down the road, they have information about the appeals process. Also, for documentation purposes, it might be worth having your husband's doctor note in his medical records that this injury is work-related. Sometimes having that clearly documented from the beginning can prevent complications later if there are any questions about the cause of the injury. The transformation of this thread from an SDI question to a comprehensive workers' comp guide has been remarkable. Your husband is so fortunate to have someone advocating for him, and I'm sure this discussion will help many other workers who find themselves in similar situations. California's protections for all workers regardless of immigration status really shine through in everyone's responses here. Wishing your husband a complete recovery and hoping the workers' comp process goes smoothly once you get it properly filed!

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Ava Williams

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Thank you for mentioning the WCAB website - that's another great resource I hadn't heard of before! The suggestion about having the doctor specifically document that this is a work-related injury is really smart too. It sounds like having that clear medical documentation from the start could save a lot of headaches later. As someone who's also new here, I've been blown away by how this thread evolved. It's such a perfect example of collective problem-solving - what started as confusion about SDI eligibility turned into a comprehensive guide for workers' comp claims. I've learned more about California worker protections in this one thread than I knew before! The emphasis throughout this discussion on how California protects ALL workers regardless of immigration status has been really encouraging to see. It's clear that the state takes these protections seriously, and there are so many resources available to help people navigate the system. I hope other people who find themselves in similar situations will be able to benefit from all the expertise and resources that have been shared here. This is exactly the kind of community support that makes a real difference when people are dealing with workplace injuries and trying to understand their rights.

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