EDD SDI denied my freelance claim - says injury wasn't during active employment

Yes, you should definitely appeal! I'm a freelance photographer who went through almost the exact same situation in 2024. The key is proving you had consistent income before the injury. For your appeal, you need to gather: 1. Contracts or emails showing the work you had to decline 2. Your tax returns from the last 2 years showing self-employment income 3. Bank statements showing regular client deposits 4. A letter from your doctor emphasizing the work limitations 5. Documentation of any regular clients that you work with repeatedly EDD often misunderstands freelance work and incorrectly applies rules meant for traditional employees. The appeal process takes time (about 30-45 days in my experience) but it's worth it. Make sure to file your appeal within 30 days of the denial notice!

their doing this to alot of freelancers lately. my cousin works in film got hurt on a shoot and they denied him too saying some BS about gaps between jobs. its messed up because we pay into the SDI system with every paycheck!!

The key issue here is that you need to prove you had a history of consistent work and income BEFORE the injury, and that your injury is directly preventing you from continuing that pattern of work. Many freelancers win these appeals by documenting: - Income history showing regular work (tax returns, 1099s, client invoices) - Documentation of the specific work you had to decline due to injury - Medical certification that clearly connects your specific injury to your inability to perform your specific job functions One thing that helps: get a letter from a regular client stating they would have hired you for specific work if you weren't injured. This creates the paper trail for "pending employment" that EDD is looking for. The appeals process isn't too complicated but it does take time - submit everything within 20 days of your denial letter even though they give you 30 (just to be safe). You'll eventually get a hearing date with an Administrative Law Judge who will review your case.

i had a similar issue back in november. total nightmare getting anyone at EDD on the phone to explain the denial!!!! spent HOURS every day for 2 weeks calling and getting hung up on or waiting on hold forever then disconnected. finally used this service called Claimyr (claimyr.com) that got me through to an actual human at EDD within like 20 minutes. they have a demo video here: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. the agent explained exactly what documents i needed for my appeal and even noted my account. worth it just to save days of frustration!!!

This is unfortunately becoming a common issue for freelancers and gig workers. The problem is that EDD's systems and policies were designed for traditional employment relationships, and they haven't fully adapted to the modern workforce where many people work project-to-project. There's actually a section in the California Unemployment Insurance Code (Section 2656) that addresses eligibility for self-employed workers who pay into SDI, but many EDD analysts aren't properly trained on these provisions. When you appeal, specifically reference this code section and emphasize that you've been paying into SDI as a self-employed person and have documentation of regular income that was interrupted by your disability. You don't need to have a specific job "waiting" for you - you just need to demonstrate that your disability is preventing you from earning income you would otherwise be earning. The appeal success rate for these cases is actually quite high when properly documented. Don't give up!

why don't u just apply for unemployment instead? seems easier than fighting with disability

I'm SO ANGRY on your behalf!!! I went through this EXACT same situation in 2023 as a freelance web developer. Got hurt, couldn't work, and EDD tried to claim I wasn't eligible because I didn't have "employment" at the time of injury. THEY ARE WRONG AND THEY KNOW IT. The law is CLEAR that self-employed people who pay into SDI are entitled to benefits when disabled. Period. End of story. I won my appeal by bringing in ALL my contracts for the past 3 years showing my consistent work pattern, plus emails from clients saying they would have hired me if I wasn't injured. I think what really sealed it was bringing statements from my accountant showing my income patterns and documentation of my SDI contributions. DON'T GIVE UP!!! The system is designed to discourage appeals hoping people will just go away. They count on it!!! But if you persist and have documentation, you WILL win. It took me almost 3 months to get my money, but I got FULL BACKPAY from the date of injury once I won.

UPDATE: I filed my appeal today with tons of documentation about my freelance work history, the specific projects I had to decline, and a detailed letter from my doctor explaining exactly why my back injury prevents me from doing the physical aspects of my job. Also included past tax returns showing consistent income and evidence of paying into SDI. Fingers crossed! Thanks everyone for the great advice - will update when I hear anything.

As someone who's been through the SDI appeals process twice as a freelancer, I wanted to add that you should also request a copy of your entire claim file from EDD before your hearing. Sometimes there are internal notes or documents that show exactly why they made their decision, and you can address those specific points directly. You can request this through their records department - it takes about 10 business days but it's free and can give you valuable insight into their reasoning. Also, if your appeal goes to a hearing, don't be intimidated - the Administrative Law Judges are generally much more knowledgeable about freelance work than the initial claims processors. Stay strong and keep us posted on how it goes!

I'm dealing with a very similar situation right now! Also a freelancer (marketing consultant) and got denied for the same ridiculous reason. What's especially frustrating is that I've been paying into SDI for over 5 years as a self-employed person - that's literally what the system is for! One thing I learned from my research is that you should also include any recurring client relationships in your appeal documentation. Even if you don't have traditional "employment," showing that you have clients who regularly hire you can help establish that pattern of work they're looking for. I'm gathering emails from my regular clients showing our ongoing working relationships. Also wanted to mention - while you're waiting for your appeal, make sure you're still doing your physical therapy or whatever treatment your doctor recommended. They sometimes ask for updated medical records during the process, and you want to show you're actively working toward recovery. The whole system seems designed to exhaust people into giving up, but don't let them wear you down!