How Unemployment and Disability Benefits Are Computed?

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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
10 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
35 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
41 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
41 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
46 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
65 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
91 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
107 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
154 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
155 days ago

California runs three wage-replacement programs through the EDD: Unemployment Insurance, State Disability Insurance and Paid Family Leave. Which one applies depends on why you cannot work. This article sets out how each is calculated and what you need to qualify.

What California Offers Its Workers

California provides several employment-related benefits to assist workers during periods of unemployment, illness, or family caregiving:

Unemployment Insurance (UI)

Unemployment Insurance (UI) is a benefit that is jointly funded by federal and state governments and is available to Californian workers. One example of someone collecting UI could be a worker who is laid off either temporarily or permanently. This worker could be eligible for partial wage replacement while they are actively looking for new work.

Overview & Eligibility

UI provides weekly payments ranging from $40 to $450, depending on prior earnings. To qualify,Actively search for and reaccept suitable job of individuals must:

  1. Lose their job involuntarily,
  2. Meet minimum earnings/wage requirements during the base period,
  3. Be physically able and available for work,

There is a mandatory one‑week unpaid waiting period, followed by benefits upon certification of eligibility.

Base Period & Monetary Eligibility

The base period usually covers four of the last five completed calendar quarters before filing a claim. You must show sufficient earnings in that time to qualify.

Calculating Benefits

UI benefits are determined using the highest‑earning quarter in your base period. The total wages in that quarter are divided by 26, with a weekly minimum of $40 and maximum of $450.

Example: a highest-quarter total of $6,000 → $6,000 ÷ 26 = $231/week.

Duration of Benefits

Standard UI benefits are available for up to 26 weeks. Extensions may be offered during high unemployment or emergencies.

Partial Benefits & Earnings Disregard

If you work part-time during a claim:

  • Report gross earnings.
  • The first $25 or 25% of gross earnings, whichever is higher, is ignored.
  • Any excess reduces the UI payment.

Example: Benefit = $400 + gross earnings = $200 → $200 − $50 (25%) = $150 deducted → Net benefit = $250.

Continuing Eligibility Requirements

Every two weeks, claimants must certify eligibility, stating they are:

  • Able and available for full-time work,
  • Actively job seeking,
  • Ready to accept suitable work immediately.

Missed or incorrect certifications can delay benefits and trigger eligibility interviews.

Determinations & Appeals

If eligibility is unclear or employer dispute arises (e.g., quit or misconduct), the EDD may request additional information via:

  • Phone interviews,
  • Written questionnaires, or
  • Formal requests (e.g. DE 4365FF).

Failure to respond may cause benefit denial, but applicants may appeal per EDD guidelines.

How to Apply For Unemployment and Disability Benefits

Unemployment benefits are here to help support you and your family while you find a new job and develop your career.

You can apply through myEDD if you have your information ready. Otherwise, go to Step 1 and get your information in order.

What are Unemployment Benefits?

Am I Eligible?

Step 1: Get Your Information in Order
Step 2: Apply
Step 3: Register in CalJOBS
Step 4: Review Benefit Documents
Step 5: Certify for Benefits
Step 6: Receive Your First Payment
Step 7: Continue to Certify
Step 8: End Your Benefits

You may qualify for other State programs to help cover food, housing, and healthcare expenses.

Unemployment Customer Service

Important: If we call you, your caller ID will show “St of CA EDD” or the UI Customer Service number 1-800-300-5616 or 833-978-2511.

Hours: 8 a.m. to 5 p.m. (Pacific time), Monday through Friday, except on state holidays.

Note: Monday morning before 10 a.m. is our busiest call time, so we recommend calling at other times.

English and Spanish: 1-800-300-5616
Armenian: 1-855-528-1518
Cantonese: 1-800-547-3506
Korean: 1-844-660-0877
Mandarin: 1-866-303-0706
Tagalog: 1-866-395-1513
Vietnamese: 1-800-547-2058
All Other Languages: 1-800-300-5616. Interpreter services are available free of charge.

California Relay Service (711): Provide the UI number (1-800-300-5616) to the operator.
TTY: 1-800-815-9387

State Disability Insurance (DI)

The California State Disability Insurance (SDI) program is another benefit funded jointly by federal and state governments and is available to Californias who are suddenly unable to work.

Overview & Eligibility

California’s DI program provides temporary wage replacement for those unable to work due to non-work-related health issues, pregnancy, or childbirth. Pay includes:

  • 70–90% of wages,
  • Minimum weekly benefit of $50,
  • Maximum weekly benefit of $1,765,
  • Payable for up to 52 weeks.

To qualify, claimants must:

  • Be unable to work for at least eight consecutive days,
  • Have earned ≥ $300 in the base period with CASDI payroll deductions,
  • Provide medical certification.

Base Period & Benefit Calculation

DI uses a 12-month base period, capturing wages from roughly 5 to 18 months before the claim start date. This base period is divided into four quarters; the quarter with the highest earnings is used to calculate benefits.

Step-by-step:

  1. Identify the quarter with highest total wages,
  2. Compute average weekly wage: total wages ÷ 13 weeks,
  3. Calculate benefit: average weekly wage × an income-based percentage (70–90%).

Example: $13,000 in highest quarter → $1,000/week → benefit ≈ $900 (90%)

Maximum and Minimum Benefits

  • Minimum: $50/week,
  • Maximum: $1,765/week for claims beginning on or after January 1, 2026.

Waiting Period & Duration

There is a seven-day unpaid waiting period before DI benefits start. Claims can continue for up to 52 weeks.

Disability Insurance Overview

Paid Family Leave

Paid Family Leave (PFL) provides short-term wage replacement benefits to people who need to take time off work to bond with a new child, care for a seriously ill family member, or support a family member’s military deployment.

You can Apply Here if you have your information ready. Otherwise, go to Step 1 and get your information in order.

What are Paid Family Leave Benefits?

Am I Eligible?

Step 1: Get Your Information in Order
Step 2: Apply
Step 3: Submit Required Documents
Step 4: Review Benefit Documents
Step 5: Receive Your First Payment
Step 6: Manage Benefits
Step 7: End Your Benefits

You may qualify for other State, county, or community programs to help cover food, housing, and healthcare expenses.

Who administers (or manages) Unemployment and Disability Benefits

The California Employment Development Department (EDD) department of the state government is responsible for managing Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. It collects payroll taxes, processes claims, maintains eligibility systems, and enforces compliance.

The department also provides employment service programs and collects the state’s labor market information and employment data. EDD is one of California’s three major taxation agencies, alongside California Department of Tax and Fee Administration and the Franchise Tax Board. In addition to collecting unemployment insurance taxes, the department administers the reporting, collection, and enforcement of the state’s payroll taxes.

The EDD seeks to help boost California’s economic health by providing innovative solutions to support workers, employers, and job seekers. The EDD is who you will file your claim with, who will assess your eligibility, and who will then compute the benefits based on your personal employment information. To submit an Unemployment Insurance claim through the EDD, the EDD’s unemployment claim pages.

EDD Branches

  • Disability Insurance Branch: Oversees DI, PFL, and Non-industrial Disability Insurance (NDI).
  • Tax Branch: Manages collection of UI and SDI taxes.
  • Policy & Compliance: Implements fraud prevention and eligibility audits.

Who are Unemployment and Disability Benefits intended for?

Unemployment Insurance

UI is designed for workers who:

  • Are unemployed through no fault of their own (layoff, downsizing),
  • Meet monetary eligibility based on prior earnings,
  • Are able, available, and actively seeking work.
  • For more information on Unemployment Insurance eligibility, visit the EDD.

Self-employed or independent contractors may qualify only if covered under federal/state emergency provisions.

Disability Insurance

DI supports workers who:

  • Have paid into CASDI via paycheck deductions during the base period,
  • Experience a disability lasting at least eight days, with wage loss,
  • Obtain medical certification from a doctor.
  • For a complete list of DI eligibility requirements visit the EDD.

Paid Family Leave Eligibility

PFL benefits are available to employees who:

  • Contribute to SDI,
  • Need leave to bond with a minor child (within 1 year of birth/adoption) or care for a seriously ill family member,
  • Do not receive DI, UI, or Workers’ Compensation concurrently.

How are Unemployment and Disability Benefits computed?

UI: Calculations

  1. Determine base period (four highest quarters out of the last five before filing).
  2. Identify the highest-earning quarter.
  3. Divide that quarter’s wages by 26.
  4. Limit to minimum $40 or maximum $450 weekly.

You can use the EDD’s online UI calculator for estimates.

DI: Calculations

  1. Establish base period (12 months, ending five months before claim start).
  2. Find the quarter with highest earnings.
  3. Compute average weekly wage: wages ÷ 13.
  4. Apply the SDI rate (70–90%, based on total wages).
  5. Ensure results stay within the $50–$1,765 weekly range.

To get a ballpark estimate of your Weekly Benefit Amount, use the EDD’s benefit calculator.

Taxation & Overpayments

  • SDI benefits are federally taxable, deductible at the state level.
  • UI benefits are reported as income; federal withholding optional.
  • Overpayments due to non-eligibility or fraud must be repaid, with possible penalties.

Job Protection & Compliance

  • UI doesn’t guarantee job protection, but claimants must stay job-ready.
  • DI claims may coincide with protected leave, such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
  • PFL requires coordination with other leave statutes such as the FMLA and CFRA, which guarantee job security for eligible employees.

Summary Table

Benefit TypePurposeWeekly AmountDurationEligibility Criteria
Unemployment InsuranceLoss of job through no fault$40–$450 (based on prior earnings ÷ 26)Up to 26 weeksInvoluntary unemployment, work/wage history, available for and seeking work
Disability InsuranceNon-work-related disability70–90% of average weekly wages; $50–$1,765 limitUp to 52 weeksPaid CASDI contributions, ≥8-day disability, medical certification
Paid Family LeaveBonding/caring leave70–90% of pay (aligned with DI rates)8 weeksSDI contributions, caring for eligible family members

How the Programs Fit Together

California’s benefit framework provides robust support through UI, DI, and PFL, all administered by the EDD. Unemployment and Disability Benefits are determined using standardized base-period earnings, ensuring predictable income support. Clear eligibility requirements, such as job search activity for UI or medical certification for DI, help maintain program integrity while supporting workers in transition.

Our note on what qualifies you for short-term disability covers the eligibility side, and the redesigned online application covers how to file. If you are unsure how a benefit amount was calculated, speaking with an attorney can help you check it.

Our Services

Focused guidance for the California EDD issue you are facing.

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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