EDD SDI vs Unemployment after hospitalization? Laid off then injured before making commission
I'm dealing with a confusing situation for my husband who's been through a roller coaster this year. He was working at a small manufacturing company until March 2025 when they downsized. After 3 months of searching, he started a new sales position that's 100% commission-based in July. He's been traveling extensively making connections (all out of pocket expenses) but hasn't actually received any commission checks yet. Last week, he was in a serious car accident and suffered a traumatic brain injury. He's currently hospitalized and the doctors say recovery will take at least 6-8 weeks, with memory issues and cognitive therapy needed. Since he technically has an employer but hasn't earned any income yet, I'm completely confused about whether to apply for SDI disability or unemployment benefits? Does anyone know which program he qualifies for in this situation? The hospital social worker gave us conflicting information and I'm trying to get this filed ASAP since our savings are nearly gone from covering all those business trips.
18 comments
Liam McConnell
def go with SDI. UI is for when ur able 2 work but cant find work. if hes in hospital he clearly cant work right now. the SDI is specifically for when u cant work for medical reasons. my cousin had something similar happen.
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Mei Zhang
•Thanks for the quick reply! That makes sense about SDI being for medical reasons. Do you know if it matters that he hadn't actually received any paychecks from the new company yet? I'm worried they'll deny the claim since he hasn't technically earned any income at the new job.
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Amara Oluwaseyi
Your husband should definitely apply for State Disability Insurance (SDI), not Unemployment Insurance (UI). Here's why: 1. UI requires being able and available for work, which he isn't due to his medical condition 2. SDI is specifically for workers who cannot work due to a non-work-related injury or illness 3. SDI benefits are based on wages paid during a specific base period, typically 5-18 months before the claim begins Since he worked at his previous company until March 2025, those wages would be used to calculate his benefit amount, not his current commission-based position. He needs to have his doctor complete the medical certification portion of the SDI application (DE 2501) with details about his condition and expected recovery time. File as soon as possible - there's a 7-day waiting period before benefits begin, and claims can be backdated up to 49 days with good cause for late filing.
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Mei Zhang
•This is incredibly helpful information, thank you! I didn't realize they would look back at his previous employment for the wage calculation. That's a relief since he had steady income there. I'll get started on the application right away and make sure his neurologist completes the medical certification portion. Is there anything specific I should mention about the commission-based job when filling out the application?
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CosmicCaptain
my brother got hurt right after starting a new job too and EDD was a NIGHTMARE to deal with!!! kept getting different answers every time we called and they put his claim on pending for like 2 months!!! we were about to lose our apartment and everything!!
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Mei Zhang
•Oh no, that sounds awful! Did your brother eventually get approved? I'm already stressed about paying our bills next month and can't imagine waiting 2 months for a decision. Did you find any way to speed up the process?
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CosmicCaptain
yeah he finally got approved but only after calling them like 50 times!!! the trick is you gotta keep calling and calling until you get someone who actually knows what they're doing. some of them just make stuff up i swear!!!
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Giovanni Rossi
•I've been there with those endless EDD phone calls - incredibly frustrating! If you're struggling to reach an agent, I recently used Claimyr (claimyr.com) to get through to EDD SDI after trying for days on my own. They have a callback service that got me connected to an agent in about 20 minutes instead of spending hours redialing. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Worth it when you're dealing with time-sensitive disability issues like this where you need to speak with someone who can actually explain your specific situation and options.
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Fatima Al-Maktoum
I think everyone is missing something important here - the base period for calculating SDI benefits! Since your husband was laid off in March 2025, and it's now around September 2025, you need to understand how his benefits will be calculated. The base period is divided into quarters: - Jan-Mar - Apr-Jun - Jul-Sep - Oct-Dec SDI looks at wages earned 5-18 months before your disability claim begins. If he files in September 2025, they'll look at April 2024 through March 2025 quarters. Since he worked at his old job during most of that period, those wages will determine his weekly benefit amount. The fact that he hasn't earned commission at the new job doesn't matter for benefit calculation purposes - but he DOES need to have been employed or actively looking for work when the disability occurred. The medical condition must be what's preventing him from working. Get the application in ASAP and make sure the doctor provides detailed documentation about the brain injury and recovery timeline.
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Mei Zhang
•Thank you for explaining the base period calculation! That helps me understand how they'll determine the benefit amount. He definitely has solid work history during those quarters at his previous employer. And yes, he has been employed (even though no commission earned yet) and the accident/injury is 100% what's preventing him from working now. I'll make sure we get detailed medical documentation from his neurologist.
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Dylan Mitchell
wait i'm confused. if he's getting paid on commission but hasn't made any sales yet does that even count as being employed? like legally?
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Amara Oluwaseyi
•Yes, he's still considered employed even without earning commission yet. Employment status is determined by having an employer-employee relationship, not by whether payment has been received. As long as he was hired and performing job duties (like those business trips), he's employed. For SDI purposes, it's his previous employment wages that will matter for benefit calculations anyway, not the current commission job.
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Sofia Gutierrez
Just want to add that with a traumatic brain injury, your husband may be eligible for longer-term disability support if recovery takes longer than expected. Make sure to keep all medical documentation organized and follow up regularly with EDD if the claim gets delayed. I'm so sorry you're going through this – dealing with EDD while also caring for someone with a serious injury is incredibly stressful. Take care of yourself too during this time.
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Mei Zhang
•Thank you for the kindness. I hadn't even thought about longer-term disability options. The doctors are optimistic about recovery but have mentioned cognitive therapy might be needed for several months. I'll definitely keep detailed records of everything. And yes, trying to navigate all this while spending time at the hospital and keeping our household running has been overwhelming. Taking it one day at a time.
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Dmitry Petrov
applyfor BOTH!!! thats what my neigbor did when she got hurt and couldnt decide and she ended up getting aproved for disability even tho she applied for both. they just denied the UI part.
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Fatima Al-Maktoum
•This is actually incorrect advice and could cause problems. Filing for both UI and SDI simultaneously can trigger a review flag in EDD's system since the programs have contradictory eligibility requirements. UI requires you to certify you're able and available to work, while SDI requires certification that you cannot work due to disability. Making contradictory statements could lead to delays or even fraud investigations. It's much better to apply for the correct program (SDI in this case) from the start.
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Mei Zhang
UPDATE: I wanted to thank everyone for their helpful advice! I submitted the SDI application online yesterday and made sure his doctor completed the medical certification part today. The doctor included detailed notes about the traumatic brain injury, cognitive impairment, and 8-week minimum recovery timeline. I did mention his current commission-based employment but focused on his previous work history for the base period as suggested. Now I'm just anxiously waiting to see if they approve it. The hospital bills are already coming in, and I'm trying to figure out how to handle all our regular expenses too. I'll update again when I hear something about the claim status. Fingers crossed it won't take too long!
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Liam McConnell
•good luck!! hope it goes thru fast for u guys!!
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