< Back to California Disability

Need help with SDI claim after brief return to work - New claim or reopen existing?

My wife had to take a medical leave in January for severe back issues and started receiving SDI benefits then. In early April she tried returning to work for about 6 weeks but is now out again with the same condition (herniated disc that got worse). Her neurosurgeon ordered another MRI and we have a follow-up appointment on July 20th, but she's definitely unable to work until at least mid-August when pain management reassesses her. She still has funds available from her initial SDI claim period. Do we need to file a completely new disability claim or is there a way to reactivate/reopen the previous claim since it's the same medical condition? The EDD website isn't clear about what to do when someone returns to work briefly but then needs to go back on disability. Any advice on what forms we need or the correct process? Her HR department hasn't been helpful at all.

Diego Vargas

•

This is actually what's called a "Recurrent Disability Claim" with EDD SDI. Since it's the same condition and she returned to work for less than 60 days between disability periods, she doesn't need to file a completely new claim or serve another waiting period. She should submit a DE 2501 Recurrence form - her doctor will need to complete the medical certification part confirming it's the same condition. You can download it from the EDD website or request it through her SDI Online account. Just make sure it's filed within 49 days of when she had to stop working again.

0 coins

Chloe Anderson

•

Thank you so much! That's exactly what we needed to know. I couldn't find this information anywhere. So we just need the DE 2501 Recurrence form and not a whole new application? And she won't have to go through another waiting period? That's a huge relief.

0 coins

i had something similar last year, was on disability for back surgery then went back for like a month and had to go back on disability and they counted it as the same claim. didn't have to do the 7 day waiting period again which was nice. just make sure her doctor fills out that form correctly saying its the same condition!!

0 coins

Chloe Anderson

•

That's good to hear! Did you have any delays in payments when you transitioned back to disability after being at work briefly?

0 coins

nope, payments started pretty quick once my doctor submitted the form. was like maybe 1 week?

0 coins

StarStrider

•

MAKE SURE your wife's doctor submits the correct paperwork!!! When I had a recurrent disability last year my doctor submitted a regular DE 2501 instead of marking it as a recurrence and it caused a HUGE mess. My payments were delayed for over a month and I had to call EDD like 50 times before finally getting through to someone who could fix it. Their system treats it completely differently if it's marked as a regular new claim vs. a recurrence of the same condition. The doctor's office needs to understand the difference!!!

0 coins

Chloe Anderson

•

Oh no, that sounds awful! Thanks for the warning. I'll make sure to be very clear with the doctor's office about using the recurrence form specifically.

0 coins

Sean Doyle

•

Wait but isn't there like a maximum benefit amount for each 12-month period? If she already used most of her benefit amount in the first disability period, she might only have a small amount left even with the recurrence claim. Just something to be aware of.

0 coins

Diego Vargas

•

That's correct - SDI has a maximum benefit amount for each 12-month period (your benefit year). OP mentioned they "still has funds available" so they should be okay, but it's a good point. The maximum benefit amount is 52x your weekly benefit amount, and once exhausted, you'd need to wait until a new benefit year begins to be eligible for a full claim amount again.

0 coins

Zara Rashid

•

When i had a recurrent disability claim it was IMPOSSIBLE to get anywone from EDD on the phone to answer my questions. I wasted days calling that 1-800 number and never got through. I finally used this service called Claimyr (claimyr.com) that got me connected to an EDD agent in about 20 minutes when I'd been trying for days on my own. They have a demo video of how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Totally worth it for recurrent claims because sometimes the online system doesn't process them correctly and you need to talk to someone directly.

0 coins

Luca Romano

•

do they actually work? i tried calling edd like 30 times last month and kept getting disconnected

0 coins

Zara Rashid

•

Yes, it worked for me! Instead of you having to keep calling and getting hung up on, their system does the calling and then connects you when they get through to an agent. Saved me a ton of stress.

0 coins

Nia Jackson

•

I think everyone is wrong here. My husband is a physician and he says if she was back at work for ANY amount of time, she needs a whole new claim because it's technically a new period of disability even if it's the same medical condition. The 60-day thing is only for when you're temporarily able to do some work during a continuous disability period, not when you fully return to work and then go back out again. She needs a new DE 2501 with new dates and everything, not a recurrence form. At least that's how it worked for my disability claim last year after my surgery complications.

0 coins

Diego Vargas

•

This is incorrect information. Per EDD guidelines, if an individual returns to work for less than 60 days between disability periods AND it's the same or related condition, it qualifies as a recurrent disability claim, not a new claim. This is clearly stated in the SDI program guidelines. The distinction matters because with a recurrent claim, there's no new waiting period and the paperwork requirements are different.

0 coins

Chloe Anderson

•

I'm getting confused with the conflicting information. Based on what most people are saying, it sounds like we need the recurrence form since it's been less than 60 days and it's the same condition. But I really want to make sure we're doing this right to avoid payment delays. Is there a specific section on the EDD website that explains this process clearly? I'd like to read the official information if possible.

0 coins

Diego Vargas

•

Here's the official info directly from EDD: If you recover from a disability and return to work, and then become disabled again due to the same or a related cause within 60 days, it's considered a recurrent disability. You won't need to serve another waiting period. You should file a "Notice of Recurrence of Disability" form (DE 2501). If the second disability is due to a different cause or occurs more than 60 days after returning to work, you'll need to file a new claim. You can find this information on the EDD website under "After You File" > "Returning to Work" section.

0 coins

Mateo Hernandez

•

my sister works as a disability case manager and she confirmed what others are saying - less than 60 days return to work with same condition = recurrence claim. more than 60 days or different condition = new claim. hope that helps

0 coins

Chloe Anderson

•

Thank you everyone for the helpful information! I'm going to download the DE 2501 Recurrence form right now and take it to my wife's neurosurgeon appointment next week. Really appreciate all the advice - navigating the EDD system is so confusing, especially with these unusual situations that aren't clearly explained on their website. I'll update if we run into any issues with the process.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
7,151 users helped today