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Doctor delaying disability form after job denied return - can my husband get paid for the gap?

Can someone please explain what happens in this situation?? My husband was getting SDI after a shoulder surgery (rotator cuff) and was supposed to return to work on April 14th, 2025. His doctor gave him light duty restrictions, but when he showed up, his employer said they couldn't accommodate him and told him to come back fully healed in May. The problem is my husband didn't immediately continue his disability claim because he thought he'd be working! He finally submitted a continuation form on April 27th, but his doctor is being SUPER slow filling out the medical certification. It's been almost 3 weeks and the office still hasn't submitted it to EDD. Will he get retroactive pay for this gap period? Or will EDD make him file a completely new claim because it's been too long? I'm the only income right now and our savings are basically gone 😫

same thing happened to my wife, it will work out! doctor offices are soooooo slow with paperwork

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Thanks, that's reassuring! Did she eventually get paid for all the weeks, or did they deny some of them?

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This happens so often! Your husband should be able to receive disability benefits for this period as long as the doctor certifies he was still disabled. The key here is getting that medical certification completed. Since there's a gap, EDD might consider it a late certification rather than a new claim, which is actually better in this case. He should: 1) Call his doctor's office daily to check on the form status 2) Ask if he can speak directly with the office manager 3) Explain the financial hardship the delay is causing If the doctor certifies the entire period, EDD should backdate the payments to cover the gap since his medical condition never actually changed. The fact that his employer couldn't accommodate light duty works in his favor.

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Thank you! That helps a lot. His doctor said he was still disabled with the same condition when he went back on April 27th, so hopefully they'll certify from the original date. I'm going to tell him to call the doctor's office manager directly tomorrow.

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the disability office DOES NOT care about doctor delays!!! they WILL deny his claim if it's past 30 days from end of first claim, happened to me!!! I had to file an appeal and it took MONTHS to get paid. The system is broken and they punish YOU for the doctors being slow!!!

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While I understand your frustration, this isn't entirely accurate. EDD does allow for late certifications with good cause, and doctor delay can qualify as good cause. Yes, sometimes they initially deny, but they have specific procedures for these situations. The key is documenting all contact with the doctor's office and explaining the situation to EDD.

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Omar Zaki

have u tried going to the doctor office in person? sometimes that works better than calling. bring donuts for the office staff lol that's what I did

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Haha the donut idea is genius! My husband is going there tomorrow and I'm definitely telling him to bring treats. Can't hurt to try!

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AstroAce

I've been through this exact nightmare myself. One thing I realized is that trying to reach EDD directly to explain the situation is nearly impossible with their phone lines. After spending 3 days getting disconnected repeatedly, I found this service called Claimyr (claimyr.com) that got me connected to an actual EDD agent in about 20 minutes. There's a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Once I got through to an agent, they were able to note on my account that my doctor was delayed in submitting forms, which helped when the certification finally went through. They also told me exactly what forms the doctor needed to complete for a continuation claim versus a new claim. Saved me a ton of stress during an already stressful time.

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Thank you so much for this suggestion! We've been trying to call EDD for days with no luck. I'll check out that service - at this point we just need to talk to someone who can actually help!

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does that service actually work? seems sketchy to me

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AstroAce

It worked for me! I was skeptical too but I was desperate after days of trying to get through. It's just a call service that navigates EDD's phone system for you. The agent I spoke with was actually super helpful once I got through.

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Your husband's situation involves what's called a "Continued Claim Certification" rather than a brand new claim. Here's what you need to know: 1. For disability extensions/continuations, Form DE 2501C needs to be completed by both your husband and his doctor. 2. As long as the continued disability is certified within 20 days after his previous claim ended, he should be eligible for continuous benefits. If it's beyond 20 days, it's considered late certification. 3. Late certifications are still allowed with "good cause" - doctor delay often qualifies as good cause. 4. The gap period should be payable if the doctor certifies he was disabled during that entire time. 5. Have your husband get documentation of when he submitted forms to the doctor and all follow-up attempts. This creates a paper trail to support "good cause" for late filing. 6. Once the doctor finally submits the certification, your husband should immediately contact EDD to explain the situation. For the light duty issue - when an employer cannot accommodate light duty restrictions, the employee is typically still eligible for disability benefits. Make sure the doctor notes this on the form.

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This is incredibly helpful, thank you! I didn't know about the 20-day rule for continuations. It's been more than 20 days now, but at least we know what to expect. We'll definitely document all the times he's contacted the doctor's office to show good cause for the delay.

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Omar Zaki

this sounds right my cousin is a disability lawyer and he says the same thing about the good cause stuff

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theres a special form for when your job denies you light duty its called DE 2525XX i think?? my doctor filled it out when my job said they couldnt let me come back with restrictions. its different than regular disability form

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You're close! The form is DE 2525XX (Doctor's Certificate - Reduced Work Schedule). It's specifically for when a doctor authorizes reduced work or light duty, but the employer cannot accommodate. This form helps document that the employee remains eligible for disability benefits despite being partially able to work. Good catch!

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Wait, I had no idea about this specific form! I'm going to ask the doctor about it tomorrow. Thank you so much for mentioning this!

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Just wanted to follow up on something important - make sure your husband's doctor understands this is causing financial hardship. Medical offices prioritize disability paperwork differently, and many don't realize how quickly families can face financial crisis when benefits are delayed. Sometimes having your husband specifically request the office manager to expedite the paperwork due to financial hardship can move it to the top of the pile. Also, the doctor needs to clearly document that your husband was continuously disabled from the end of his previous claim to now. Any gaps in the certification dates could cause problems with payment.

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That's a really good point. He's been polite with the doctor's office but hasn't really emphasized the financial hardship. I think he's going to be more direct tomorrow and specifically ask to speak with the office manager about expediting it. Thank you!

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My wife went through something similar last year and we discovered that California actually has laws about how fast doctors have to complete disability forms! I think they're supposed to do it within 10 business days. You could mention this to the doctor's office. Remind them they have a legal obligation to complete these forms in a timely manner. That got my wife's doctor moving pretty quickly!

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Really?? I had no idea there was a legal timeframe! That's exactly the kind of leverage we need right now. I'll definitely have my husband mention this when he goes in tomorrow. Thank you so much!

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yeah but good luck ENFORCING that law!!! doctors do whatever they want and nobody holds them accountable!!!

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UPDATE: My husband went to the doctor's office today with donuts (lol thanks for that suggestion!) and spoke directly with the office manager. He explained our financial situation and mentioned the legal timeframe for completing forms. The office manager was super apologetic and promised the forms would be completed and faxed to EDD by tomorrow! She even gave him a copy for our records with the doctor's signature. Fingers crossed that EDD processes everything quickly now! Thank you all for your help - this forum has been a lifesaver! ❤️

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Omar Zaki

see!! donuts work every time 🍩🍩🍩

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That's fantastic news! The combination of persistence, politeness, and pastries works wonders! Now make sure to follow up with EDD once the forms are submitted to ensure they process everything correctly. If you have trouble reaching them by phone, try using SDI Online to send a secure message explaining the situation as well.

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