What Does a Short-Term Disability Lawyer Do?

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California operates one of the most comprehensive short-term disability systems in the United States. The State Disability Insurance (SDI) program provides partial wage replacement to eligible workers who cannot perform their regular job duties due to a non-work-related illness, injury, pregnancy, or medical condition.

The EDD has various sectors of disability insurance. However, they wrongfully deny many deserving recipients. Luckily, there is someone to help during these challenging occurrences. Keep reading to learn what a short-term disability lawyer does for more information.

 

Understanding California’s Disability Insurance

Benefits recipients receive partial income to cover expenses while dealing with short-term disabilities. California provides 60 to 70 percent of wages earned 5 to 18 months before the claim start date. However, this is dependent on the claimant’s income.

To receive benefits, claimants must meet the eligibility criteria from the EDD. Some criteria include:

  • Being unable to complete usual work tasks for at least 8 days.
  • Having experienced a loss in wages due to effects of the disability.
  • Being employed at the time your disability begins.
Common Conditions Covered by SDI

SDI coverage is broad and includes physical, mental, and pregnancy-related conditions. According to the California Employment Development Department, eligibility depends on recent earnings, medical certification, and timely filing of a claim through the EDD’s disability portal, as explained on the official California EDD Disability Insurance page.

Examples of Covered Disabilities

  • Post-surgical recovery
  • Chronic back or joint conditions
  • Severe anxiety, depression, or PTSD
  • Pregnancy and childbirth recovery
  • Cancer treatment and complications

Although eligibility standards appear straightforward, many claims are delayed or denied due to documentation gaps, medical certification issues, or procedural errors—situations where legal assistance becomes critical.

 

Why People Don’t Receive SDI

Many people don’t receive benefits because the EDD found discrepancies in their claims. Here are a few reasons why the EDD denies claimants:

  • Claimants have errors in their application (or turned the application in late).
  • The EDD found that the claimant can work full-time.
  • EDD believes that worker’s compensation should cover disability.
  • The EDD refuses to accept the certification of the claimant’s health care provider.
  • An EDD physician concludes that the claimant is well enough to resume work.
Claimants have errors in their application (or turned the application in late)

Many SDI claims are denied because applicants submit incomplete, inconsistent, or inaccurate information, particularly regarding medical certification, employment history, or wage details.

California’s State Disability Insurance program also enforces strict filing deadlines, and even a short delay can result in automatic denial unless good cause is proven.

A short-term disability lawyer can identify these technical errors early and correct them before they permanently jeopardize a claimant’s right to benefits.

Incomplete or Incorrect Medical Certification

One of the most frequent reasons for SDI denial is insufficient medical documentation. The EDD requires precise certification from a licensed healthcare provider confirming the disability, its duration, and its impact on the claimant’s ability to work.

Missed Filing Deadlines

SDI claims must generally be filed within 49 days of becoming disabled. Late filings—even when justified—often result in reduced benefits or outright denial.

Earnings or Contribution Issues

Workers who recently changed jobs, worked intermittently, or were classified as independent contractors may face disputes regarding eligibility contributions.

Disputes Over Ability to Work

The EDD may conclude that the claimant can perform modified or alternative work, even when medical evidence suggests otherwise. When benefits are denied, claimants have the right to appeal through the EDD appeals process, which is outlined on the official EDD Disability Appeals page. However, appeals require legal argument, evidence presentation, and procedural compliance—areas where unrepresented claimants often struggle.

 

Short-Term Disability Lawyer Duties

Dealing with the EDD is a tricky process, and many claimants don’t receive the benefits they deserve. Fortunately, a short-term disability lawyer can help! You may wonder, what does a short-term disability lawyer do? Simply put, they help people understand why the EDD denied their benefits. Additionally, they help people appeal their SDI claims. Experienced lawyers want you to make the most out of your appeal and persuade the judge to reverse their decision.

Many people rely on SDI to cover expenses when they are unable to work. Without help, they face financial turmoil. A lawyer can significantly impact a case and help someone get the money they deserve!

Their role extends far beyond filling out forms.

Evaluating Eligibility and Claim Strength

Initial Case Review

A lawyer reviews employment history, payroll records, medical evidence, and timelines to determine whether the claim meets statutory requirements under California law.This early evaluation prevents wasted time on weak filings and ensures strong cases are positioned correctly from the start.

Preparing and Filing SDI Claims

Error-Free Applications

Disability attorneys ensure that claim forms, medical certifications, and employer information are complete, accurate, and aligned with EDD standards—reducing the risk of delays or denials.

Handling Denials and Appeals

Appeal Strategy Development

When a claim is denied, a short-term disability lawyer analyzes the denial notice, identifies legal deficiencies, and prepares a structured appeal supported by medical records and legal precedent.

As explained in Pershing Square Law’s analysis of SDI disputes, many denials are overturned once legal deficiencies are properly challenged through the appeals process 

Representation at Hearings

Advocacy Before Administrative Law Judges

Appeal hearings resemble formal legal proceedings. Attorneys question witnesses, submit evidence, and argue statutory interpretations before administrative law judges. Unrepresented claimants often fail at this stage due to procedural missteps, even when the underlying claim is valid.

Communicating With the EDD

Direct Legal Correspondence

Lawyers handle communications with EDD representatives, medical evaluators, and appeals boards—preventing misstatements that could harm the claim. This legal buffer protects claimants from being pressured into unfavorable admissions or incomplete responses.

 

Get the Benefits You Deserve

Do you think the EDD wrongfully withheld your SDI benefits? If so, you can fight back with an appeal. Don’t face the EDD alone when you can enlist help. Pershing Square Law Firm has a team of experienced short-term disability lawyers that’s ready to help you. Call us today for a free consultation!

Get in touch.








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