Mistakes People Make While Filing for Disability

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I was very happy with my experience with Pershing Square Law Center and I highly recommend them! From start to finish, the experience has been excellent. I’m writing this review before receiving the judgment for my EDD appeal case, but I already feel incredibly grateful for my lawyer Charlie’s representation. I know without a doubt that I would have had no chance without him. I was able to speak with Charlie three times before the hearing, and he called me immediately afterward to go over everything. You can tell he is passionate about his work, genuinely a good human being with a good heart and a deep aptitude for what he does. When I first called Pershing Square Law Center, I was assisted right away, and they made it clear that I would be represented on contingency and that I would be not charged a fee directly. The intake process was friendly, concise, and included a brief conversation with the attorney. The intake staff member who handled my call was cordial, clear, and very helpful in completing intake documents. After the intake, I was pleasantly surprised and truly impressed by the responsiveness of the entire team, especially from Alison and Genecis. Every email and voicemail I sent with questions before my EDD hearing was answered clearly and professionally, usually within 24 hours and never later than 48. A unique aspect of my case is that it involved an overpayment appeal rather than a denial of benefits. This meant the potential contingency payout for Pershing Square Law Center was very small. Despite that, the team remained consistently responsive, and at no point did I feel that Charlie and the staff at Pershing Square Law Center treated my case as less important than a case with a larger potential for a payout. While writing this, I noticed some negative reviews. I can only speculate that those may come from people with highly emotional expectations of being guaranteed a big payday. My experience has been nothing but excellent, ethical, and professional from beginning to end. I Thank you, Pershing Square Law Center!
Michael Turner profile picture
Michael Turner
3 days ago
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Amazing law firm they helped me win my appeal they even called a week later to ask if I needed help with anything else. The follow showed me what an amazing law firm they are and that they actually care about the clients. I would give 10 stars if I could thanks again
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Vahan
28 days ago
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I was originally denied my EDD disability benefits in California, but Pershing Square Law Firm, PC stepped in and filed an appeal. They got my temporary disability benefits approved within 30 days. Every member of the firm I spoke to was very professional, and the team was responsive, kind and really knew the process. I highly recommend them if you’re facing a denial.
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Omar H
34 days ago
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Well, I have to say that if I could give a 100 million stars, I would Assaf really did create a miracle? I appreciate all the work. Thank you to the whole law firm. And most of all, thank you
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Tamara Utterback
34 days ago
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They are the best always fighting for you they’re never stop doing it I am very proud and satisfied with my lawyer they won my case thanks for eveer guys good team
Dio profile picture
Dio
39 days ago
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I highly recommend and appreciate this firm. I had an EDD conundrum very very time consuming and had alot of moving parts. I had no idea what to do when it all started. Everyone's case is different but trust the process. Charlie will fight for you. Charlie and Alison were communicating with me throughout this journey. Thank you Charlie 😊
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LaTonya Stewart
58 days ago
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I wanna start by saying how satisfied and happy I am to have found Pershing law firm They were able to help me get my EDD case resolved results were amazing. Their staff was super friendly, helpful and diligent in their work 10 out of 10 would recommend if you are in need of help with the Edd this firm is who you need
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wilburg cornejo
84 days ago
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Absolutely will recommend Charlie Minchenberg. Won my case even though I was incarcerated. 100 percent reccomend this law firm as well Charlie.
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Christian Rubalcava
100 days ago
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I like to thank the Team at Pershing square, Dafne, Assaf, and Daniel for helping me through 2 cases. I owe Assaf a big thanks for winning the PUA case for me years ago and this time Daniel for his excellent guidance with my EDD case. Especially a case that’s classified as voluntary quit ( one of the harder cases to fight). To all the people complaining about how little the attorney does during the hearing you shouldn’t, because in these cases, all the judge really cares about is your testimony and your opponents testimony if there are any, it is not criminal defense stuff. Daniel did a tremendous job helping me prepare and I was nailing the judges questions. At last, thank you guys so much again. This is the end of my dealings with EDD for my lifetime and to all of you reading this, they are absolutely the best reliable attorneys to hire if it is a tough case.
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The New Right
147 days ago
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There truly are not enough words to express how grateful I am to Pershing Square Law Firm, especially Charlie, Alexis, and their entire team. They helped me through an incredibly stressful EDD overpayment appeal case that had been weighing heavily on me and my family for a long time. From the very beginning, they treated me with kindness, patience, professionalism, and genuine care. At a time when I felt anxious, overwhelmed, and uncertain about the future, they gave me reassurance, guidance, and confidence throughout the entire process. They never made me feel like just another case. They listened to my situation, believed in me, and fought hard on my behalf every step of the way. Charlie represented me with incredible professionalism and dedication, and Alexis was always responsive, supportive, and compassionate whenever I had questions or concerns. Their communication and commitment truly made one of the hardest situations in my life feel manageable. Thanks to their hard work and persistence, we were able to achieve a positive outcome in my case, which brought an enormous sense of relief to me and my family. Looking back now, the retainer fee was absolutely worth it for the peace of mind, support, and outcome they helped me achieve. If anyone is dealing with an EDD overpayment or appeal issue and wants a team that genuinely cares about their clients, I wholeheartedly recommend Pershing Square Law Firm. I am beyond thankful for everything they did for me. Thank you again to Charlie, Alexis, and the entire team from the bottom of my heart.
Ai N profile picture
Ai N
148 days ago

A disability claim turns on more than having a medical condition. It turns on paperwork, deadlines, medical certification and the legal definition of disability. Claims are frequently refused at the initial stage over avoidable mistakes rather than ineligibility. These are the ones that come up most often.

Disability insurance helps people who can’t work due to non-work-related illnesses or injuries, pregnancy, or childbirth. This article covers the mistakes that most often delay a disability claim.

Failing To List All Impairments

Sometimes, claimants have multiple circumstances that contribute to their inability to work. However, some people only list their most severe conditions on the disability claim. You should list all physical and mental impairments related to your ability to work. Full disclosure matters on a short-term disability (SDI) claim.

Why Complete Disclosure Matters

Disability agencies evaluate your condition based on how it limits your ability to perform substantial work activities. This evaluation is guided by medical criteria such as those outlined in the Social Security “Blue Book,” which details qualifying impairments and functional limitations.

If you list only your primary diagnosis but omit related conditions such as depression secondary to chronic pain, anxiety related to PTSD, or mobility limitations connected to arthritis you may unintentionally weaken your case. Disability determinations often consider the combined impact of multiple impairments, not just one isolated condition.

For example, someone applying due to a spinal disorder might also experience neuropathy, muscle weakness, and depression. Individually, these may not meet the threshold, but collectively they can significantly limit functional capacity.

The official disability qualification standards published by the California Employment Development Department explain how medical evidence and functional limitations are assessed. Failing to document all impairments can result in an incomplete evaluation.

Common Omissions Applicants Overlook

  • Mental health conditions accompanying physical illness
  • Medication side effects
  • Chronic fatigue
  • Cognitive limitations such as memory loss or brain fog
  • Secondary injuries caused by primary conditions

When preparing documentation, it’s critical to take a holistic approach. At Pershing Square Law Firm, we often advise clients to create a comprehensive symptom inventory before filing. This ensures nothing is overlooked and helps present a complete medical narrative.

Failing To Obtain Support or Treatment

Doctors examine your health condition, symptoms, and limitations and will conclude that certain impairments limit your ability to work. If your doctor doesn’t support your disability claim, the Employment Development Department (EDD) won’t accept your claim either.

Another frequent mistake is failing to seek consistent medical treatment or failing to document it properly.

The Importance of Ongoing Medical Care

Disability agencies rely heavily on objective medical evidence. This includes physician notes, imaging results, lab tests, specialist evaluations, and prescribed treatments. If you stop treatment or have significant gaps in care, it may appear that your condition is not severe.

Even if financial hardship or lack of insurance limits your access to care, failing to document attempts to obtain treatment can hurt your claim.

The California Employment Development Department clearly states that medical certification and supporting documentation are essential to determine eligibility. Without thorough records, examiners may conclude there is insufficient evidence to support disability.

Not Following Prescribed Treatment

If your physician prescribes medication, therapy, or surgery and you do not follow through, the agency may argue that your condition could improve with compliance. There are legitimate reasons for declining treatment, such as severe side effects or religious objections, but these must be clearly documented.

Practical Tips to Strengthen Your File

  • Attend all medical appointments consistently
  • Follow prescribed treatment unless medically advised otherwise
  • Request copies of all medical records
  • Ask physicians to include functional limitations in reports

Furthermore, you must agree to recommended treatment plans. Failure to follow doctor recommendations means that you’re “non-compliant.” Non-compliance affects your claim because it proves you’re not willing to receive treatment for severe impairments.

Working Full-Time

Don’t submit a disability claim while working full-time. With a job, this proves that you’re not losing wages. Thus, you are disqualified for benefits. While seeking disability benefits, your employment situation may change. Impairments can reduce or stop work activity. Provide information regarding your work status. You want to prove how the impairment affects your employment.

Continuing to work full-time while applying for disability can undermine the claim.

Understanding Substantial Gainful Activity

Disability programs use income thresholds to determine whether someone is engaged in “substantial gainful activity” (SGA). If you earn above a certain monthly limit, you may automatically be considered not disabled regardless of your medical condition.

Applicants sometimes believe they can “push through” the pain and continue working while waiting for approval. Unfortunately, this often sends the wrong signal to decision-makers.

The California Employment Development Department outlines EDD income limits and work activity rules that directly affect eligibility. Exceeding those limits may result in immediate denial.

Part-Time Work Considerations

Part-time work does not automatically disqualify you. However, the type of work, hours performed, and physical or cognitive demands will be scrutinized.

For example:

  • Are you receiving special accommodations?
  • Are you missing work frequently?
  • Are earnings below threshold limits?

Careful documentation is critical when maintaining limited employment. At Pershing Square Law Firm, we frequently help clients assess whether ongoing work activity could impact their disability strategy before filing.

Filing Back-to-Back Claims

A major mistake people make while filing for disability is filing back-to-back claims. If the EDD decides that your second claim arose from the same disability as the original claim, they can invalidate the new claim. Understandably, dealing with the EDD is frustrating and time-consuming. People assume filing a new claim gets them benefits faster. However, that’s not true. You don’t want to raise red flags and give the department a reason to dismiss your claim and deny benefits.

When a disability claim is denied, frustration often leads applicants to immediately file a brand-new claim instead of appealing the denial.

Why This Is a Costly Mistake

Disability systems have a structured appeals process that includes reconsideration, hearings, and further review. Filing a new application instead of appealing can reset your protective filing date and potentially eliminate months of back pay eligibility.

Additionally, back-to-back claims may be denied quickly if no new medical evidence is provided.

Understanding the Appeals Process

The appeals process exists for a reason. Claims can be approved at later stages, particularly after an administrative hearing where testimony and updated medical records can be presented.

Rather than starting from scratch, it is often more strategic to strengthen your case through appeal. This allows you to preserve your filing date and demonstrate continued disability.

A careful review of denial notices and deadlines is essential. Missing an appeal window can force you to refile entirely, resulting in lost benefits.

Not Receiving Legal Assistance

Filing an SDI claim without help is manageable, but denials are common even for people who qualify, and the reasons are often procedural rather than medical.

If the EDD denies your claim you have the right to appeal. Our note on common mistakes to avoid when filing for disability covers what to check first, and our short-term disability team works with claimants on appeals and hearings.

Our Services

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14+ Years of Experience in Complex EDD Matters

We chose to focus exclusively on California EDD appeals, so our attorneys, case managers, and client relations team work within one system, one state, and one area of law.

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