EDD SDI refusing to backdate claim after I mistakenly filed for UI instead of disability

You're in a tough spot, but not an unusual one. Many people don't know the difference between UI and SDI until it's too late. Unfortunately, EDD generally won't backdate SDI claims beyond the established filing period (which is typically 49 days from your disability start date) except in very limited circumstances.\n\nAs for the UI overpayment, you'll likely need to appeal that determination and explain your situation. When you certified for UI, you had to indicate you were able and available for work, which technically wasn't true given your medical condition. However, you might qualify for an overpayment waiver if you can prove the overpayment wasn't your fault and repayment would cause financial hardship.\n\nI'd recommend:\n1. Immediately file a written appeal for the UI overpayment determination\n2. Request a waiver of overpayment due to no fault/financial hardship\n3. Submit a formal written request to backdate your SDI claim with all medical documentation\n4. Get a letter from your doctor confirming your inability to work since January

Thank you for all this info. I had no clue about the 49-day rule for backdating! Do you think getting a letter from my doctor explaining I was physically unable to work might help with both the UI appeal and the SDI backdating request? And should I mention in my appeal that no one at EDD ever explained the difference between the programs when I first applied?

The exact same thing happened to me last year! I had a serious back injury but filed for UI because I thought that's what you do when you lose your job. Nobody tells you about these things! After 3 months, my doctor was like \

This is WHY I always tell people to call and ask questions before filing anything!!! Unemployment and disability are completely different programs even though they're both through EDD. One is for people who CAN work and one is for people who CANNOT work. Sorry but it's really not that complicated if you just read the websites.

U need to file an appeal ASAP for the UI overpayment. Like within 30 days of getting the notice. If u miss that deadline ur basically admitting guilt. Also call ur doctor and get all ur medical records from January showing u couldnt work. The EDD doesnt care that u didnt know, they only care about the facts. Good luck!!!

Thanks for the advice about the 30-day deadline. My notice came last week so I have about 20 days left. I'm definitely going to appeal. I'm just so stressed about how I'll survive if I have to pay back all that money while also not qualifying for disability. It feels like I'm being punished for not understanding a complicated system.

I work with clients in your situation frequently, and while it is a difficult situation, there are some options you might explore:\n\n1. For your SDI claim: Submit a DE 2575X (Request for Backdating Disability Claim) form with detailed explanation of why you were unable to file timely. While the standard limit is 49 days, exceptional circumstances like proven lack of information about the program could potentially help. Include a physician's statement confirming continuous disability since January 2025.\n\n2. For the UI overpayment: Request an \

Thank you SO much for these form numbers! I didn't even know there was a specific form for backdating disability claims. I'll fill out both of those forms immediately. And no, I didn't explore workers' comp because my injury happened when I slipped in my own driveway heading to my car for work - not technically at work yet. I'll check out that Claimyr service too because I've been calling EDD for days with no luck.

OMG the EXACT same thing happened to me!!! Except my condition was severe anxiety and depression after a trauma. I applied for UI because thats what everyone told me to do when I lost my job. Then my therapist was like \

It's both comforting and depressing to hear others went through this too. Did you ever try to appeal the UI overpayment decision? I'm wondering if it's even worth trying or if I should just accept I'll have to pay it back and focus on getting a payment plan like you did.

I hate to be the bearer of bad news, but I've been an HR benefits coordinator for years and see this mistake all the time. The EDD systems for UI and SDI are completely separate despite being under the same department. UI requires you to certify you're able and available for work (which you weren't due to your medical condition), while SDI is specifically for when you can't work due to medical reasons.\n\nThe backdating issue is particularly strict with SDI. The law requires claims to be filed within 49 days of disability onset, with very few exceptions. \

Thats why the whole system sucks! How is someone supposed to know all these rules when theyre dealing with an injury or illness??? Its cruel!

Try calling ur assemby person!!! My brother had a disability issue and his state rep helped him fix it when edd wouldnt budge. Google ur district and call their office they can sometimes help with edd problems.

This is actually excellent advice. Your state representatives often have staff dedicated to helping constituents with EDD issues. They can sometimes cut through red tape that seems impenetrable to individuals. Be sure to have all your documentation organized before contacting them.

Has anyone tried using Claimyr to reach EDD? I kept getting hung up on when trying to call about my disability issue, but then I found this service that gets you connected to an actual EDD rep. Paid like $20 but it was worth it because I finally got to talk to someone who could explain my options. They have this demo video that shows how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd\n\nMight be worth it for your situation since you need to talk to both the UI and SDI departments.

I'm definitely going to try this. I've been calling for days and either get disconnected or told the queue is full. At this point, paying to actually reach someone seems worth it because I need answers ASAP. Thanks for sharing!

One additional thing to consider - if your vestibular migraines and vertigo were caused by a work injury or developed due to work conditions, you should absolutely look into filing a workers' compensation claim. Workers' comp has different timelines and could potentially provide benefits that cover the period when you weren't receiving proper benefits.\n\nAlso, when appealing your UI overpayment, emphasize that you were following advice you received (even if it was from friends or family) and that you had no intent to defraud the system. Intent is a key factor in how these cases are decided.

My condition wasn't work-related (I got injured outside of work), so workers' comp wouldn't apply. But I appreciate the advice about emphasizing I had no intent to defraud during my appeal. I genuinely thought I was doing the right thing by applying for unemployment when I lost my job. I'll make sure to stress that point.

I'm so sorry you're going through this - the EDD system can be incredibly confusing and unforgiving. I went through something similar a couple years ago with a different medical condition. Here's what I learned that might help: For the SDI backdating, don't give up after the first rejection. I had to submit THREE separate written requests with increasingly detailed medical documentation before they finally approved my backdate. Make sure your doctor's letter is very specific about when your condition began, how it prevented you from working, and why you couldn't have known to file for SDI initially. For the UI overpayment appeal, focus on these key points: 1) You had no knowledge of the SDI program, 2) You were acting in good faith trying to support yourself, 3) You have medical evidence proving you were genuinely unable to work. I also included a statement from my doctor explaining that my condition affected my cognitive ability to understand complex benefit systems. The appeals process took about 6 months for me, but I ultimately got the overpayment waived and my SDI claim backdated. Don't let them intimidate you - you have rights, and honest mistakes happen all the time with these programs. Document EVERYTHING and keep fighting!

I'm really sorry you're dealing with this nightmare - the EDD system is so confusing and they don't make it easy to understand which program you should use. I went through something similar last year when I had surgery and was out of work for months. One thing that might help is documenting exactly when you first learned about SDI vs UI. If you can show that reasonable people in your situation wouldn't have known about the distinction (like getting advice from friends, family, or even EDD representatives who didn't explain the difference), that could strengthen both your backdating request and your overpayment appeal. Also, I'd suggest reaching out to a disability rights organization in your area - many offer free consultations and can help you navigate the appeals process. They often know which specific arguments work best with EDD and can help you frame your case more effectively. Don't let that one commenter get to you about it being "not complicated" - the system IS confusing, especially when you're dealing with a medical condition that affects your ability to process complex information. You're not alone in making this mistake, and there are paths forward even if they're not easy. Keep all your documentation organized and don't give up!