Common Mistakes To Avoid When 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!
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Michael Turner
8 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
33 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
39 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
39 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
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Dio
44 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
63 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
89 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
105 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
152 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.
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Ai N
153 days ago

Filing for disability can be a challenging process, especially when you’re already dealing with a health condition. The process can be time-consuming and complex, and making a mistake during the application process. It can result in the Employment Development Department (EDD) denying your benefits. But that’s where this blog can help; we will review the common mistakes to avoid when filing for disability.

Filing Your Application Late With the EDD

One of the most frequent errors made by people seeking disability benefits is submitting their application late to the EDD. According to state rules, you should file your claim within 49 days after the onset of your disability.

Why the Filing Window Matters

One of the biggest mistakes claimants make is waiting too long to file. In California, the EDD says you should generally file no earlier than nine days after your disability begins and no later than 49 days after the SDI. If you file outside that window, you risk delays and loss of benefits. Even disqualification unless you provide a good reason for filing late. The rule catches people out, because a doctor’s note or employer paperwork does not preserve the filing date. It will not. The filing deadline still matters.

Late filing often happens for understandable reasons. Some people think they should wait until they know how long they will be out of work. Others assume their physician submits everything for them. Some focus on recovery. Simply do not realize the EDD clock started running on the first day they were unable to do their regular work. But the law and EDD guidance are structured around deadlines, not personal assumptions. If your disability claim is not timely, your case starts from a weaker position even if your medical condition is genuine.

How to avoid a late claim

The best way to avoid this mistake is to treat filing as an immediate task once you stop being able to do your regular job duties. Review the EDD’s Disability Insurance claim process early, confirm your claim start date, and make sure your medical provider understands when the certification must be submitted. If you are filing online, the EDD’s SDI Online filing instructions are especially helpful because they also warn applicants not to file the same claim more than once and explain that the claim will not be processed until both the claimant’s portion and the medical certification are received.

If you are already outside the 49-day period, do not assume the situation is hopeless. EDD guidance says applicants who file late should include an explanation showing good cause, giving the agency a basis to review the delay instead of rejecting the application outright. That does not guarantee approval, but it is far better than filing late with no explanation at all.

Delaying your application can result in the loss of benefits. File the claim promptly once you can no longer work because of your condition. Working with knowledgeable and experienced short-term disability lawyers can help you navigate this process more efficiently and avoid costly errors like this.

Making Errors in Your Application

Another common mistake to avoid is making errors on your disability application. The application requires accurate information, including information about your employer and the last time you performed your full duties at your job.

Any inaccuracies or inconsistencies in your application can raise red flags and could result in the EDD denying your application, so the EDD also introduced California’s disability program. It’s essential to double-check each section of your application before submission

Small mistakes can create major delays

Another common problem is submitting an application with missing information, incorrect dates, inconsistent work details, or incomplete medical support. EDD materials make clear that an application with errors or missing information can delay a claim and may even lead to denial. The process is more exact than it looks. They treat the form like a general request for help, when in reality it is a benefits application that must line up with your work history, wage loss, disability dates, and physician certification.

A frequent issue is inconsistency between what the worker says and what the medical provider certifies. If your form suggests you stopped working on one date but your physician describes a different disability period, the claim can stall. The same thing happens when applicants leave fields blank, misidentify their last day worked, or fail to understand that the EDD does not process the claim until it receives both parts of the application. Even a duplicate submission can slow things down, because EDD expressly warns applicants not to submit the same claim more than once.

Accuracy is not just administrative, it is strategic

Accuracy matters because the EDD is not simply checking whether you feel unable to work. It is assessing whether your claim satisfies statutory eligibility requirements and whether your paperwork supports those requirements. California law defines disability in this context as being unable to perform your regular or customary work because of a physical or mental condition. That means your form should consistently explain what work you normally do, when you became unable to do it, and how the disability caused wage loss. Vague or careless answers make it harder for the EDD to connect your medical condition to your eligibility.

How applicants can reduce preventable errors

Before submitting anything, review every date and every factual statement. Make sure your name, employer details, last day worked, and disability start date are consistent throughout the file. Confirm that your physician or practitioner is submitting the certification correctly and on time. Do not assume that “close enough” is good enough. In a disability claim, precision helps credibility. Readers who are unsure whether their situation meets the threshold for benefits may also find Pershing Square Law’s article on what qualifies you for short-term disability in California helpful, especially when comparing symptoms, work restrictions, and wage-loss issues.

Submitting for Benefits When You Can Work Full-Time

A significant error made by disability claimants is the failure to understand the repercussions of being discovered as capable of working full-time. The EDD considers your ability to work when assessing your claim.

If evidence surfaces that you can maintain full-time employment, this could lead to a denial of your claim. Be accurate about what you can and cannot do. Misrepresenting your ability to work risks denial of your application and can result in serious legal consequences.

The Misunderstanding That Leads to Denied Claims

A costly mistake is applying for disability benefits when you are still able to perform your regular work full-time. California’s disability system is built around work incapacity and wage loss. In other words, benefits are for workers who cannot do their usual work because of a qualifying condition. If you can still perform your normal job duties on a full-time basis, your claim may not fit the legal definition of disability, even if you are dealing with pain, stress, or a medical diagnosis.

This is where being medically affected is confused with being legally disabled for EDD purposes. A person may have a real condition and still not qualify if they remain able to work their regular schedule without meaningful restriction. The EDD’s eligibility guidance repeatedly ties benefits to an inability to do regular work for at least eight days, along with actual wage loss caused by the disability. That is a narrower standard than it first appears.

Part-Time Work Is Different From Full-Time Capacity

At the same time, applicants should not assume that any amount of work automatically disqualifies them. EDD guidance explains that some people may still qualify while working part-time, intermittently. On a reduced schedule if they continue to meet the eligibility rules and are suffering wage loss because they cannot perform their regular or customary work in full. That distinction matters. The real issue is not whether you worked at all. Whether you remained capable of doing your regular work full-time and whether your wages were reduced by the condition.

  • Part-time or reduced hours – working less (hour or days) than your normal weekly schedule, which results in a wage loss.
  • Intermittent – periodic breaks (days, weeks, or months) from your normal weekly schedule, which result in a wage loss.
  • Reduced: receiving a reduced weekly salary for any reason (e.g., working hours for only one of your two normal employers), which results in a wage loss.</span>

Why failing to report work status is dangerous

Problems become even more serious when a claimant begins working again and does not report it. The EDD states that if you return to part-time or full-time work, receive wages, or experience a change in work status, you must report it promptly. Failing to report income or work activity can lead to overpayments, penalties, and disqualification for false statements. That means an inaccurate claim can turn from a simple denial into a repayment and penalty issue.

You will report any wages on your first claim form when you file your claim for disability. You may include all income in the list below that you have actually received during the last 18 months that falls within your base period. Do not include any income you expect to be paid after your claim start date on your initial claim form.

Once you are eligible and receiving benefit payments, you must report any income you receive, even though it may not always affect your benefits. You must also report if you have returned to work. If you don’t, it could result in an overpayment, penalties, and a false statement disqualification.

Wages to Report

While you are receiving disability benefits, you must report the following wages to us:

  • Sick leave pay
  • Paid time off
  • Self-employment income
  • Military pay
  • Commissions
  • All wages, including modified duty
  • Residuals
  • Part-time work income
  • Bonuses
  • Workers’ compensation benefits
  • Insurance settlements
  • Holiday pay

Your benefits may be reduced if you have a:

  • Benefit Overpayment for a previous Unemployment Insurance (UI), Paid Family Leave (PFL), or Disability Insurance (DI) claim.
  • Late court-ordered child or spousal support payment due.

How to Report Wages or Work Status During Your Claim

During your claim, if you receive any of the forms listed below. You must complete and return them to us online or by mail to avoid overpayments, penalties, or a false statement disqualification.</span>

Report the following:

  • Payment or wages from your employer.
  • Payment from your employer’s workers’ compensation insurance company.
  • If your disability continues and you remain under the care and treatment of a physician/practitioner.
  • If you have recovered and/or returned to work.

Report Online

If you have an SDI Online account, we will email you when the form is available. Follow these steps to complete and submit the DE 2593:

  • Log in to your account.
  • Select the Continued Eligibility Questionnaire in your SDI Online inbox.
  • Return the DE 2593 to us online within 20 days from the mailing date.

Report by Mail

If you don’t have an SDIO account, and your preferred communication method is mail, we will send you the paper form. If you do not return the completed DE 2593, your benefits will stop.

Avoiding Preventable Mistakes

Claims that run into trouble usually do so for one of the reasons above, and each is easier to avoid at the application stage than to argue after a denial.

Our note on the mistakes people make when filing for disability covers further ground. If you believe a denial was wrong, our short-term disability team works with claimants on appeals and hearings.

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