EDD denied SDI claim while pregnant due to 'leaving labor force' after work injury - help with appeal wording?

yep they did the SAME THING to me last year!! EDD loves to deny valid claims hoping people will just give up. Don't let them get away with it!!!

You need to be very specific in your appeal about the timeline and your employment status. First, make sure to clearly state that you were on a medical leave due to a workplace injury (workers' comp) and NOT voluntarily out of the workforce. Second, explain that pregnancy complications arose before you were medically cleared to return to your regular work duties. The key phrases you want to use are: 1. "Continuous attachment to the labor market" 2. "Medical inability to perform customary job duties" 3. "Transition from workers' compensation to pregnancy disability" Also include documentation showing: - Your workers' comp claim documents showing dates - A letter from your workers' comp doctor showing you were still under their care - Your employer's statement verifying your job was being held for you - Your OB/GYN certification showing when pregnancy complications began I've seen several appeals succeed with this approach. The EDD often automatically denies claims with multiple benefit types hoping people won't appeal.

ugh this happened to my sister too its so stupid. shes a nurse and got covid at work, then got pregnant and had bad morning sickness. they said she left labor force even tho she was LITERALLY SICK FROM WORK

I'm a disability rights advocate who works with these cases. The problem you're facing is that EDD has a specific definition of "leaving the labor force" that most people don't understand. When you transition from one type of disability to another (workers' comp to SDI), they sometimes mistake this as you not intending to return to work. Your appeal needs to focus on two things: 1) Continuity of your employment relationship (you were still legally employed, just on medical leave) 2) Your intention to return to work once medically able (before pregnancy complications arose) Make sure to cite the specific section of the Unemployment Insurance Code that covers this situation - Section 2708. It explicitly states that individuals receiving or having received workers' compensation can be eligible for disability benefits if they otherwise meet the requirements. Also, request an in-person hearing rather than just a paper review. Success rates are much higher when you can explain your situation directly to the Administrative Law Judge.

When I had to deal with this exact situation (different reason but same "leaving labor force" denial), I NEVER could get through to anyone at EDD to discuss my appeal. Called 50+ times, always disconnected or on hold forever. Finally used a service called Claimyr (claimyr.com) that got me connected 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 rep I talked to actually explained exactly what documentation I needed to submit with my appeal and even noted in my file that I had called to discuss the issue. Made a huge difference in my appeal process!

I don't understand why EDD makes this so complicated!!!! You were CLEARLY still employed, just on a medical leave. Then you had pregnancy complications. It's not like you quit your job and then conveniently decided to claim disability benefits. This makes me so angry!!!! My sister-in-law went through something similar and she won her appeal, but it took FOUR MONTHS to get the back pay. Make sure you have enough savings to cover that gap!!!!!

Make sure you check the appeal deadline! I think you only have 30 days from the date on the determination letter. Don't miss it!

One more important thing - when you submit your appeal, send it via certified mail with return receipt requested. EDD has been known to claim they never received appeals submitted online or via regular mail. Keep a complete copy of everything you submit, including all attachments and supporting documents. Also, once your appeal is acknowledged as received, you can and should continue to certify for benefits while waiting for the appeal decision. If you win the appeal, they'll pay you for all those weeks, but only if you've been certifying.

wait does pregnancy even count for disability? i thought that was paid family leave??

I just want to thank everyone for all this helpful advice! I'm feeling much more confident about my appeal now. I'm gathering all the suggested documentation and will be mailing it certified tomorrow. I'll update this thread once I hear back about the appeal decision.