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Transitioning from EDD SDI temporary to permanent disability at 63 - Can he collect both SDI and Social Security?

My husband has been on EDD SDI temporary disability for 3 months now (severe back injury from work). At his follow-up yesterday, his doctor said he should apply for permanent disability since he's not recovering as expected. The problem is, he just turned 63 last week and hasn't filed for Social Security yet. We're completely confused about how this all works together. Can he collect permanent disability AND social security at the same time? Does one reduce the other? Should he file for Social Security now or wait? And how do we even start the permanent disability application process? Is that through EDD still or somewhere else? His temporary disability payments end in about 4 weeks so we're getting really anxious about this. Any advice would be SO appreciated!!

Summer Green

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First, it's important to understand the different systems at play here. EDD SDI is only temporary (up to 52 weeks). "Permanent disability" usually refers to either: 1) Social Security Disability Insurance (SSDI) through the federal government, or 2) Workers' Compensation permanent disability if his injury was work-related. If the doctor is recommending permanent disability for a work injury, your husband needs to work with his Workers' Comp case manager. This is separate from EDD. If it's SSDI, yes, he can potentially collect both SSDI and early Social Security retirement, but there are complications and possible reductions. At age 63, taking early Social Security retirement means a permanently reduced benefit amount. I'd recommend contacting the Social Security Administration directly to discuss his specific situation - they can explain how the benefits interact in his case.

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Amun-Ra Azra

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Thank you! His injury happened at work, so I guess we need to talk to Workers Comp? But it's been so confusing because all his payments so far have come from EDD SDI, not Workers Comp. We did file a workers comp claim but they only paid for doctor visits, not his actual time off. I'm so confused.

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Gael Robinson

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This is actually pretty common and confusing! In California, many work injuries start with EDD SDI payments while Workers' Comp is being processed. When your husband's case is accepted, Workers' Comp should reimburse EDD for the SDI payments he received. For permanent disability through Workers' Comp, his doctor needs to declare him "Permanent and Stationary" (P&S), meaning his condition isn't expected to improve significantly. Then a disability rating will be calculated based on his limitations, age, and occupation. For Social Security benefits - he has options: 1. Apply for SSDI (disability through Social Security) 2. Take early retirement at 63 (reduced benefits) 3. Wait until full retirement age for maximum benefits He CAN receive both Workers' Comp permanent disability AND Social Security benefits (either SSDI or retirement), but there might be some offset depending on the total amount.

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my husband went through this last year. such a headache!! the workers comp people will fight tooth and nail to reduce his permanent disability rating. GET A LAWYER NOW. dont wait. we didnt get one soon enough and got totally screwed on his settlement. and def call social security directy, the online info is impossible to understand

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Darcy Moore

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Your husbands doctor needs to file a Doctor's First Report of Injury with workers comp and issue a P&S report (Permanent & Stationary). This establishes his permanent work restrictions and will start the permanent disability rating process. I'd strongly suggest getting a free consultation with a workers' comp attorney. The system is incredibly complicated, and insurance companies often minimize settlement offers. Most attorneys take these cases on contingency - they only get paid if you get a settlement. For the Social Security question - it gets complicated. If he applies for SSDI (Social Security Disability), there's a 5-month waiting period before benefits start. But at 63, he could also just take early retirement. If he qualifies for BOTH, he'll generally receive whichever amount is higher, not both combined. The tricky part is timing. SSDI will automatically convert to retirement benefits at full retirement age. If he takes early retirement now and later qualifies for SSDI, his retirement benefit amount could be protected from the early-retirement reduction.

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Amun-Ra Azra

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This is SO complicated. I had no idea there were so many different systems involved. I think we definitely need to talk to a workers comp attorney. Do you know if his EDD SDI benefits can be extended while all this is getting sorted out? I'm worried about what happens when his temporary disability runs out next month.

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Dana Doyle

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Yes! EDD SDI can potentially be extended beyond the initial approval period IF his doctor submits the proper certification stating he still can't return to work. The maximum is 52 weeks total though. One important thing - make sure your husband continues seeing his doctor and getting documentation of his condition and limitations. This is crucial for both extending SDI and building his workers' comp case. Call EDD directly to ask about extending the SDI benefits - they can tell you exactly what forms the doctor needs to complete and when. I spent WEEKS trying to get through to them last year until I found this service called Claimyr (claimyr.com). They connected me to an EDD rep in under 5 minutes! They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Totally worth it for complicated situations like yours where you need answers quickly.

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Liam Duke

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does that claimyr thing really work?? ive been calling edd for 2 weeks straight and cant get through!!!

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Dana Doyle

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Yeah, it worked for me! Got through to an actual person at EDD in a few minutes. Just be ready with all your husband's claim info and questions when they connect you.

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Manny Lark

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Im in the same boat but im 59. Been on edd disability since january and now doc says permanent. My doctor filled out paperwork for both social security disability AND workers comp permanent disability at same time. Youcan get both but theres a maximum amount. Social security reduces if workers comp is too high. its a mess!!!! and takes FOREVER

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Amun-Ra Azra

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Oh wow, so you're going through exactly the same thing! Has your EDD SDI stopped already? What are you doing for income while waiting for the permanent disability to be approved? That's what I'm most worried about - the gap between programs.

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Manny Lark

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my SDI ran out after 11 months and then nothing for 2 months while waiting. finally got workmans comp to start paying temporary disability through them. its less $ than SDI was but better than nothing! tell your husband to ask his doctor for TD payments through workers comp!!

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Rita Jacobs

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Something nobody has mentioned yet - if your husband's injury is work-related and he's turning 63, he should also look into if his company offers any early retirement packages or disability retirement through their pension system (if they have one). Some employers have better disability benefits than the state systems. Also, check if he has any private disability insurance policies either purchased individually or through his employer. Many people forget about these. One last thing - the workers comp system and social security use DIFFERENT definitions of disability. He might qualify under one system but not the other. That's why having a good workers comp attorney matters - they can help coordinate everything.

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Amun-Ra Azra

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That's a good point! He works for a manufacturing company that does have some kind of pension program. I'll have him check with HR about disability retirement options. And I had no idea the different systems use different definitions of disability. This is all so much more complicated than we expected!

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Summer Green

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Coming back to your original question - the transition plan should look something like this: 1. Have his doctor extend his EDD SDI if possible (up to 52 week maximum) 2. Simultaneously have doctor complete P&S report for workers' comp to start permanent disability evaluation 3. Consult with a workers' comp attorney (most offer free initial consultations) 4. Schedule an appointment with Social Security to discuss options (SSDI vs. early retirement) 5. If there will be a gap between benefits, ask workers' comp about temporary disability payments The good news is that with proper planning, he shouldn't have to experience a complete loss of income during the transition. The challenging part is coordinating all these different systems and timelines.

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Amun-Ra Azra

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Thank you so much for laying it out step by step like this. It's still complicated but at least now I have a roadmap of what to do next. I've made a note to call his doctor tomorrow about extending the SDI and getting that P&S report started. And I'll look into workers comp attorneys in our area. Really appreciate everyone's help!

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