Why isn't EDD applying Section 1254 to my waiting period after exhausting previous claim?
I'm totally confused about my EDD waiting period issue. I filed a new disability claim in March 2025 right before my old benefit year was about to expire (which I had exhausted in October 2024). According to EDD's own rules under Section 1254, I should've been able to use the last week of my old benefit year as the waiting period for my new claim. But when I checked my claim status online, they're showing the week of April 3rd, 2025 as my waiting period for the new claim! This doesn't make sense because EDD's own documentation (Miscellaneous MI 20) clearly states: 'The so-called Section 1254 claim is one in which the claimant uses the last week on an exhausted and expiring claim as the waiting period on a new claim.' Their example perfectly matches my situation! My old claim was exhausted, about to expire, and I filed a new claim just before expiration. I should be able to use that last week instead of losing a week of benefits in my new claim period. Has anyone dealt with this Section 1254 issue before? I've tried calling EDD about 20 times this week but can't get through to anyone. I'm going to lose around $1,250 if they don't fix this!
16 comments


Ethan Moore
OMG I went through this EXACT SAME THING in January!!! EDD makes everything so complicated! Have you tried messaging them through the portal? That's what I did but it took forever to get a response.
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Aisha Ali
•I did send a message through the portal about 10 days ago but haven't heard anything back yet. Did they eventually resolve your issue with the Section 1254 waiting period? How long did it take?
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Yuki Nakamura
You're absolutely correct about Section 1254 and how it should apply to your situation. This is a common oversight in the EDD system because it's processed partially by automation and partially by claim specialists who may not recognize this specific scenario. What you need to do is file a formal request for reconsideration specifically citing "Section 1254 waiting period application" as your reason. Make sure to include: 1. Your old claim ID number and benefit year end date 2. Your new claim ID number and filing date 3. Reference to Miscellaneous MI 20 - The waiting period section I've seen this issue resolved successfully for several clients, but it requires getting through to the right department. The regular phone agents often don't have the authority to make these adjustments.
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Aisha Ali
•Thank you so much for this detailed explanation! I didn't realize I needed to file a formal reconsideration request. Do I need to submit this through the portal or is there a specific form I should use? And do you know approximately how long the reconsideration process usually takes?
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StarSurfer
i had somethng simlar happen but with unemployent not disabilty. they always mess up the waiting periods! some rep told me they have different rules for disability vs unemployment so make sure ur looking at the right info.
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Yuki Nakamura
•You're right that the rules are different between UI and SDI. However, for the original poster, they are correctly referencing Section 1254 which does apply to disability claims. The confusion often happens because some EDD representatives primarily work with unemployment claims and aren't as familiar with this specific SDI provision.
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Carmen Reyes
I just went through this exact situation with my pregnancy disability claim that transitioned to a new benefit year. The key is getting through to a Tier 2 specialist who understands Section 1254 applications. After wasting weeks trying to resolve this through regular channels, I finally used Claimyr (claimyr.com) to connect with an EDD agent within 20 minutes instead of spending hours on hold. They have a video showing exactly how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd The specialist I spoke with immediately recognized the Section 1254 issue and made the correction on the spot. My benefit payments were adjusted correctly within 3 days and I received the additional week I was entitled to from my new claim. This saved me from losing over $1,400 in benefits!
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Andre Moreau
•Does that Claimyr thing actually work?? I've been calling the disability office for 2 weeks straight with no luck!
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Zoe Christodoulou
There's a bit of confusion about Section 1254 that needs clarification. This section actually refers to the California Unemployment Insurance Code, not a specific EDD policy section. It allows claimants to use the last week of an expired benefit year as the waiting period for a new claim if they meet eligibility requirements. For disability claims specifically, this provision is handled through the DE 2501 application process. When you file a new disability claim, there's a question that asks if you've received unemployment or disability benefits within the past 12 months. By answering "yes" and providing your previous claim information, the system should automatically evaluate your claim for the Section 1254 provision. However, there's a timing element that's critical - your new claim must be filed within the final week of your old benefit year for this provision to apply correctly. Based on your description, it sounds like you did this correctly, but the system didn't recognize it properly. To resolve this, you'll need to speak with an SDI Claims Specialist directly (not a general EDD representative) who can manually review and adjust the waiting period application. Be prepared with both claim numbers, your benefit year end date, and the specific dates you're requesting to have reconsidered.
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Aisha Ali
•Thank you for this detailed explanation! You're right - I did answer "yes" to the previous benefits question when I filed my new claim, and I definitely filed within the final week of my old benefit year (3 days before it expired). So it sounds like this should have been automatically applied, but somehow the system missed it. I'll keep trying to reach an SDI Claims Specialist with the information you mentioned. I really appreciate your help!
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Jamal Thompson
The EDD system is deliberately designed to be confusing so people give up on getting their full benefits!!! I worked there as a temp during Covid and let me tell you, they KNOW about these issues but they don't fix them because it saves the state millions when people don't get their full benefit amounts. Section 1254 claims are NOTORIOUSLY mishandled because the computer system flags them for manual review but there's a huge backlog of these reviews. Most agents don't even know how to properly process them so they just ignore the flags and process everything according to the standard rules. YOU HAVE TO BE PERSISTENT!!! Keep calling, keep messaging, and if they don't fix it within 30 days, contact your state assembly member's office - they have EDD liaisons who can escalate your case!
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Mei Chen
•This is so frustrating! Is that really true that they intentionally make it difficult? I've been dealing with EDD for months and it feels like they're actively trying to prevent me from getting benefits I'm entitled to.
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CosmicCadet
Hey my cousin works for edd and she says theres a special form for this called DE 1545W or something like that. You gotta ask for it specifically because they dont give it out automatically. Good luck!
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Zoe Christodoulou
•There's actually no form called DE 1545W in the EDD system. For disability claims, the form that would be used for reconsideration is the DE 1000A (Request for Reconsideration). However, for waiting period issues like this, a reconsideration request through your online account or by phone is typically sufficient - no special form is required.
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Andre Moreau
Did anyone ever get this resolved? I'm having the exact same issue right now with my March claim and getting nowhere with EDD. I've wasted hours on hold only to get disconnected!
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Aisha Ali
•I actually got it resolved last week! I finally managed to speak with an SDI Claims Specialist who understood Section 1254. They reviewed my claim history, confirmed I was eligible, and adjusted my waiting period. It took about 3 days for the changes to appear in my account, but I did get the additional week of benefits added to my new claim. The key was definitely speaking with someone from the SDI department specifically, not just a general EDD representative. I finally got through by calling right when they opened at 8:00 am and selecting the option for "existing claim questions" rather than "new claims".
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