Can I file for EDD after IHSS caregiver position ended due to death of family member?
I've been working as an IHSS caregiver for my mother for the past 2 and a half years. Sadly, she passed away about a month ago. It's been really hard emotionally, and now I'm also facing financial worries. I haven't applied for any benefits yet - it's been about 4 weeks since I stopped working. I'm wondering if I'm eligible for unemployment benefits? I was paid through the IHSS program but since my employer was technically a family member who passed away, I'm confused about whether this counts for EDD benefits. Has anyone been in a similar situation or know if I qualify? Also, is it a problem that I've waited 4 weeks already to apply?
19 comments
Andre Laurent
First, I'm very sorry for your loss. Yes, you can absolutely file for unemployment after working as an IHSS provider. The fact that your recipient was a family member doesn't disqualify you. IHSS caregivers are considered employees and pay into unemployment insurance. The county IHSS program was your employer of record, not your mother directly. As for the 4-week delay, that's not a problem - you can backdate your claim to when you stopped working. Just make sure to explain your situation clearly when filing. You should apply as soon as possible though.
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Carmen Diaz
•Thank you so much for the information. That's a huge relief. I wasn't sure about the family connection issue. Do you know if I need to provide any special documentation about her passing? And should I mention anything specific when I file to make sure it goes through smoothly?
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AstroAce
sorry about ur mom! my sister went thru this last yr when her client passed. she got bennefits no problem. dont worry about the 4 weeks, just apply now. they ask you when ur last day was anyway
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Carmen Diaz
•Thanks for sharing about your sister's experience. That makes me feel better about applying. Did she have to do anything special when filing because her client passed away?
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Zoe Kyriakidou
I went through something similar when my grandmother passed away 2 years ago. I was her IHSS provider for 4 years. I tried applying online and got SO CONFUSED because there were questions about my "employer" and I didn't know what to put! I tried calling EDD but it was impossible to get through - kept saying "we're experiencing high call volume" UGH!! Finally I found out that my employer was actually the county IHSS program NOT my grandmother. You should have received paystubs that show this. Hope this helps and I'm really sorry about your mom. ❤️
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Carmen Diaz
•Thank you for sharing your experience. That's exactly what I'm worried about - getting confused on the application. I'll look at my paystubs to see what's listed as the employer. Did you end up getting benefits after you figured it out?
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Jamal Brown
edd dosnt care if its family or not. my cousin did ihss for his dad and got benefits when his dad went to nursing home. you still paid into system so you get benefits. apply online its easier.
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Mei Zhang
As others have said, you're definitely eligible. I've helped several former IHSS providers navigate this exact situation. When filing your claim, list the county IHSS program as your employer (check your paystubs for the exact name). For separation reason, select 'laid off/no work available' and explain your recipient passed away. You'll need to be ready for job search requirements after filing - EDD requires you to look for work and document your search activities when certifying for benefits. Regarding the 4-week delay - that's not a problem for eligibility, but you'll want to backdate your claim to when you stopped working so you don't lose potential benefits. You may need to explain the reason for the delay (most people cite grief/dealing with arrangements following the death as completely understandable reasons).
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Carmen Diaz
•Thank you so much for the detailed advice. This is really helpful. I'll look for the county IHSS info on my paystubs tonight. I wasn't thinking clearly after everything happened, which is why I waited so long. I'm relieved to hear I can still backdate the claim.
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Liam McConnell
I'm really sorry about your mother. When my aunt passed away last year I had the EXACT same question since I was her IHSS worker too. I tried calling EDD for DAYS and couldn't get through which made everything even more stressful. Then my friend told me about Claimyr.com - it's a service that gets you through to an EDD representative quickly. I was skeptical but tried their video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and it actually worked! Got through to EDD in like 20 minutes and they confirmed I was eligible and helped me file properly. Might be worth checking out if you have questions about your specific situation.
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Amara Oluwaseyi
•I second this recommendation. I used Claimyr when my claim was stuck pending for weeks. The EDD rep I reached was able to fix an issue with my IHSS employment history that was causing the delay. Worth it for complicated situations like yours where you need actual guidance from EDD rather than guessing.
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Carmen Diaz
•Thanks for the suggestion. I might try that service if I run into problems. I'm definitely worried about filling everything out correctly since it seems like small mistakes can cause big delays. Did the EDD rep give you any special instructions for your IHSS situation?
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Jamal Brown
dont wait longer!!!! apply now!!!! u only get bak pay from when u apply!!!!!
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Zoe Kyriakidou
THE SYSTEM IS RIGGED AGAINST CAREGIVERS!!! I was a caregiver for my uncle and when he passed they tried to DENY my claim saying I didn't have "enough qualifying wages" which was COMPLETE NONSENSE since I worked 30+ hours a week for THREE YEARS!!! Had to appeal and wait MONTHS for benefits. Make sure you have ALL your paystubs and documentation ready because they WILL try to make it difficult for you!!! Not trying to scare you but just giving you a heads up to be PREPARED!!!
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Andre Laurent
•While I understand your frustration with your experience, this isn't typical for most IHSS providers. The wage and employment verification process is generally standard. Most IHSS caregivers qualify without issues as long as they earned enough in their base period. It's always good to have documentation ready, but I wouldn't want the original poster to be unnecessarily alarmed. The vast majority of eligible IHSS providers receive benefits without appeals.
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AstroAce
btw make sure ur certifying for weeks even while waiting for approval. my sister didnt know this and lost 3 weeks of benefits cuz she thought she had to wait till approved to certify
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Carmen Diaz
•Oh wow, I had no idea about that. Thanks for the tip - I definitely don't want to miss out on any weeks of benefits.
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Mei Zhang
Just to follow up on a few points from other comments: 1. Yes, backdating is possible, but you'll need to provide a reason for the delay. The loss of a family member is generally accepted. 2. You'll need to meet the base period earnings requirement, which means you must have earned at least $1,300 in your highest-earning quarter in the base period (generally the 12-month period ending just before the last completed calendar quarter). 3. When you certify, you'll need to show you're able and available for work and actively seeking employment. This begins immediately, even during your first certification period. 4. For your work search activities, if you're looking for work in the same field (caregiving), document applications to agencies, facilities, or through care-matching services. Good luck with your claim. The system can be confusing, but IHSS workers definitely qualify for unemployment benefits when their service ends due to circumstances beyond their control.
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Carmen Diaz
•Thank you for all this additional information. I've been working consistently for the past 2.5 years so I should meet the earnings requirement. I am looking for similar caregiving work, so I'll start documenting my job search efforts right away. I really appreciate everyone's help and advice during this difficult time.
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