EDD denied me after maternity disability - can I appeal their appeal denial?

You absolutely need to appeal this again! I went through something similar last year after taking disability leave for surgery. EDD initially denied me and even denied my first appeal, but I won on the second appeal when I got more specific about the laws protecting disability periods. What you need to do is request a Board Appeal (it's called the California Unemployment Insurance Appeals Board or CUIAB). Make sure you specifically cite the EDD regulation that states disability periods count as work time. Print out the exact wording from their website and highlight it. In my case, I found out the first appeal judge misinterpreted a technical detail about how SDI connects to base period calculations. Don't give up - the system is frustrating but persistence pays off. I almost didn't do my second appeal but so glad I did!

my cousin had the exct same thing happen!! she was on maternity leave and then tried to get EDD when she couldn't go back to her job and they denied her to. said something about not enough wages in base period or whatever. she just gave up cause the whole process was so frustrating

This is EXACTLY why I tell everyone to RECORD their appeal hearings!!! The judges make mistakes ALL THE TIME and if you don't have proof they ignored your evidence, it's just your word against theirs. This system is BROKEN and designed to make people give up. I had THREE appeals before I got my benefits and the only reason I won was because I kept detailed records of everything and called them out on their inconsistencies!!! 😡😡😡

I'd recommend two immediate steps: 1. File for the Board Appeal within 30 days of your denial letter date. This is critical - don't miss this deadline. 2. Make sure you're citing the correct regulation. For SDI maternity disability specifically, you need to reference the California UI Code Section 1253.3(j) which states periods of disability are to be disregarded when determining eligibility. Many people miss this specific sub-section. One major issue I see repeatedly is that administrative law judges sometimes confuse regular SDI with Paid Family Leave (PFL). If any of your leave was classified as PFL rather than SDI, that might explain the confusion, as they're treated differently for unemployment eligibility purposes. Also, gather a clear timeline of your employment history, showing: - Exact dates of regular employment - Exact dates of SDI disability coverage - Your base period quarters with wages earned This visual demonstration is extremely helpful for the Board appeal.

To answer your follow-up question - yes, this could be exactly why you were denied. SDI is treated as a continuation of your work history, but PFL sometimes isn't counted the same way depending on how your case was reviewed. For your Board Appeal, you need to specifically emphasize the SDI portion and make sure they understand which weeks were SDI vs. PFL. Many EDD representatives and even some judges don't clearly distinguish between these programs when making eligibility determinations. Bring documentation showing the specific breakdown of your leave types with dates. The SDI weeks should absolutely count toward maintaining your work history continuity.

i was in a similar situation last month and got so frustrated trying to reach EDD to explain my case. i kept getting the "we're experiencing high call volume" message for WEEKS. finally i found this service called Claimyr that got me through to an EDD rep in about 25 minutes when i had been trying for days on my own. they have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km i was able to talk to someone who actually explained exactly what documents i needed for my appeal and made notes in my file. it made a huge difference having those notes in my file when i went to my appeal hearing. might be worth checking out their site at claimyr.com before your next appeal.

Just wanted to offer my support - the whole system is so broken. I remember being on hold for HOURS trying to get someone to explain why my claim was denied. And then when you finally get someone, they give you a different answer every time! Hang in there with your little one. ❤️

UPDATE: I spent today organizing all my documents and found something interesting - the SDI to PFL transition letter from EDD actually has different codes on it for the two types of leave! I'm definitely going to file the Board Appeal and make this distinction super clear. I also found the exact regulation about disability periods being disregarded for eligibility purposes. And I might try that Claimyr service to talk to someone directly about my case before the appeal. At this point I'll try anything to get this sorted out. Thanks everyone for your help and support!

I remember when i had my appeal it was all about being super specific with dates and codes. Make sure you bring like 3 copies of everything so you can give them to the judge and still have yours to reference. And don't be nervous to correct them if they say something wrong about your case! My judge kept mixing up my dates until I politely corrected him and showed him the documentation.

Also, don't forget to continue certifying for benefits while your appeal is pending! A lot of people stop certifying during appeals, but if you win, they can only pay you for weeks you properly certified for. Don't miss out on potential backpay.

I went through a very similar situation with maternity leave and EDD denials! The key thing that helped me was getting crystal clear on the timeline and making sure EDD understood that SDI disability leave creates what's called a "good cause" exemption for the work search requirements during your base period. When you file your Board Appeal, make sure to specifically request that they review whether your case falls under California UI Code Section 1253.3, which protects people who were unable to work due to disability. The fact that you had 18 months of work history before your leave should definitely qualify you - it sounds like the first judge didn't properly apply this regulation to your case. One thing that really helped me was creating a simple timeline document showing: (1) your work period, (2) when you went on SDI, (3) when you applied for UI, and (4) highlighting that your total work history meets the requirements when disability periods are properly excluded from consideration. Don't let them discourage you - this is exactly the type of case where persistence pays off because the law is actually on your side. The system just makes it really hard to navigate correctly the first time around.

I'm so sorry you're dealing with this stress while caring for a 7-month-old! This is actually a really common issue that many new parents face with EDD, and you're absolutely right to keep fighting. One thing I'd add to all the great advice here - when you file your Board Appeal, consider requesting that they assign a different administrative law judge if possible. Sometimes the first judge has already formed an opinion about your case that's hard to change, and a fresh perspective can make all the difference. Also, if you can afford it, consider consulting with an employment attorney who specializes in unemployment appeals. Many offer free consultations and some work on contingency. They know exactly how to frame these disability leave cases and can spot issues that non-lawyers might miss. You mentioned feeling confused by the process - that's completely normal! The EDD system is intentionally complex, but you have a strong case based on what you've described. The 18 months of work history plus the SDI coverage should absolutely qualify you. Don't let them wear you down - you deserve these benefits! Keep documenting everything and stay organized. You've got this! 💪

I just wanted to chime in as someone who went through a very similar situation about 2 years ago. The whole SDI vs PFL distinction that others mentioned is HUGE - I wish someone had explained that to me earlier because it was exactly what was tripping up my case too. One additional tip that really helped me during my Board Appeal: I wrote a brief summary letter (like 1 page) that clearly stated my case and attached it as the first page of all my documents. Something like "This appeal concerns EDD's incorrect denial of benefits due to failure to properly account for SDI disability leave under UI Code Section 1253.3" and then bullet points of the key facts. The judges see so many cases that having a clear summary right up front really seemed to help. Also, the timeline document suggestion from Emma is spot-on. I made mine in a simple table format showing each month, what I was doing (working/SDI/PFL), and my wages. It made it super visual and obvious that I had qualifying work history when disability periods were properly excluded. Don't let them intimidate you - you clearly know your case better than that first judge did! The fact that you're organizing everything and learning the specific regulations shows you're on the right track. Keep pushing forward! 👍