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Won my EDD SDI appeal as a freelancer in entertainment industry after initial denial!

Finally got some good news after a 4-month battle with EDD! I was denied SDI benefits back in January when I injured my back between gig jobs. I'm a freelance lighting technician in the entertainment industry, and EDD initially denied me saying that since I didn't have a specific job lined up at the time of injury, I wasn't actually losing wages (despite being completely unable to work for 3 months). The EDD agent actually told me to my face during my Van Nuys office visit that "we've been instructed not to process claims from entertainment industry workers without specific contracts." She even looked at my Warner Bros. and Paramount paychecks and said management had sent a memo specifically about film crew workers! I immediately filed an appeal arguing that the SDI regulations clearly state you qualify if you're actively seeking work in your field, which I constantly do as a freelancer. The hearing was last week, and the judge agreed that EDD misapplied their own rules! The EDD rep kept insisting my denial was legitimate because of my "entertainment industry status" which the judge quickly shut down. If you're a freelancer being denied for similar reasons, don't give up! The appeal process works, even if it takes forever. Still waiting on my actual payment to come through, but at least the decision is officially reversed!

Omar Farouk

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omg congrats!!!! this gives me hope. im a makeup artist in the industry and was told basically the same thing when i broke my wrist in february. the edd office person was sooo rude about it too, like we chose to be freelancers or something? im filing my appeal tomorrow!!!

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Definitely appeal! Bring any evidence you have of past work and how you look for jobs. The judge in my case was actually really fair about understanding how freelance entertainment jobs work. Good luck with your appeal!

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CosmicCadet

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This is really important information for all freelancers, not just those in entertainment. The EDD SDI regulations clearly state that you're eligible if you're either 1) employed, 2) have a job to return to, OR 3) are actively seeking work. Many EDD representatives incorrectly apply only the first two criteria to freelancers and independent contractors. When preparing for your appeal, make sure to bring documentation showing your work history pattern, any communications about potential future gigs, and evidence that you regularly seek work in your industry (emails, applications, industry membership, etc.). The appeal judges are typically administrative law judges who are separate from EDD and can objectively review the regulations.

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Chloe Harris

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wait so does this mean uber drivers qualify too? i drove for uber/lyft but got in a car accident (not while working) and they denied my SDI claim for the same reason, said i didn't have a "real job" basically

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Diego Mendoza

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This is RIDICULOUS that EDD is specifically targeting entertainment workers!!! I've been dealing with the same crap as a production assistant. Got denied in March when I needed surgery, and they gave me this BS about "no specific job contract." OF COURSE I don't have specific contracts - that's how freelance work functions! Been calling them for WEEKS trying to get an explanation but can't even get through. The entire system is designed to screw over gig workers even though WE PAY INTO THE SYSTEM just like everyone else!!!

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I had same issue getting through to EDD on phone. Spent like 3 hours trying different options/prompts and just got hung up on. Someone told me about this service called Claimyr.com that connects you to an EDD agent usually within like 15 mins instead of waiting for hours or days. They have a video demo if you wanna see how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Helped me actually talk to a human at EDD for my appeal questions.

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Sean Flanagan

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Just a practical tip for anyone going through the appeal process: make sure you continue certifying for benefits during your appeal period even though you're in denied status. If you win your appeal like the OP did, EDD will pay all the back benefits for periods that were properly certified. If you forget to certify during the appeal period, getting those weeks paid retroactively becomes much more complicated. Also, bring a copy of your doctor's certification to the hearing - the judge will want to verify your medical eligibility is valid separate from the employment issue.

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Zara Shah

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I didnt know we had to keep certifying after denial! crap ive been denied for 2 months and havent been doing anything. can i go back and fix this somehow??

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NebulaNomad

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How long did the whole appeal process take from filing to decision? I'm a grip who just got denied for a similar reason and need to plan my finances while I fight this. My doctor says I'll be unable to work on set for at least another 2 months (herniated disc from lifting equipment). Really worried about making rent.

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From filing the appeal to getting the hearing was about 3 months (painfully slow). Then another week for the official decision letter. If you file today I'd expect resolution around October or November based on my experience. The good news is if you win, they'll pay everything retroactively to your original filing date. Hang in there - I know how stressful the financial uncertainty is in our industry.

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Chloe Harris

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so typical of edd to make up random rules!!! my brother works construction and had the same thing happen between jobs. the fact they admitted theres a "memo" about entertainment workers is probably illegal discrimination right??

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Omar Farouk

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ya i was thinking the same thing! sounds like they're specifically targeting certain industries which cant be legal?? they take SDI money out of ALL our paychecks regardless of industry

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Zara Shah

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congrats on winning!! im in the middle of my appeal now...what was the name of your judge? i have my hearing next week and am super nervous!!

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I'd rather not publicly post the judge's name for privacy reasons, but the judges rotate anyway so you'll likely have someone different. Just be super prepared with all your documentation. My judge was really fair and actually listened to my explanation of how freelance work functions in our industry. Bring any emails or texts about potential gigs you had to turn down while injured too!

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I was actually at the Van Nuys office last month for my own SDI issue (not entertainment related) and overheard someone getting the same runaround about freelance work. Seems like they're applying this policy to lots of different types of gig workers. The whole "must have a specific job to return to" thing doesn't match what the actual SDI regulations say at all.

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Diego Mendoza

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It's INFURIATING! The worst part is different EDD offices seem to interpret the rules differently. My friend who filed in Santa Monica had no problems with her freelance status, while Van Nuys and Glendale offices are rejecting everyone. Makes NO sense. The whole system is broken!!!!

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