What Qualifies You for Short-Term Disability in California?

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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
19 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
25 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
25 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
30 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
49 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
75 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
91 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
138 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
139 days ago
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I had a great experience working with Pershing Square Law Firm, specifically with my attorney, Charlie. I hired him at the beginning of February, and in less than a month, I already had a hearing date and my case was successfully settled. I was honestly a little hesitant at first because my situation dated back three to four years, and I had spent a long time searching for an unemployment lawyer without any luck. Finding this firm was a huge relief. Charlie was professional, efficient, and helped move my case forward much faster than I expected. I couldn’t be happier with the outcome, and I’m so grateful to finally have this behind me so I can move forward with my life. I highly recommend Pershing Square Law Firm to anyone dealing with unemployment issues—they truly made a stressful situation so much easier.
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Cee Cee Cooks
186 days ago

Short-Term Disability Insurance (DI) is part of the State Disability Insurance (SDI) program and provides short-term wage replacement to eligible California workers. If you get sick or hurt at work, short-term disability (STD) insurance helps you cover a portion of your lost income. You can use that money to help pay for your rent or housing payments, food, car payments, utility bills, etc. Generally, you receive a weekly payment for a set amount of weeks to help you pay for the things you’d normally buy with a paycheck.

You may qualify for Disability Insurance (DI) if you can’t work and lose wages when you need time off for:

  • Illness
  • Injury
  • Surgery
  • Pregnancy or childbirth

Requirements to File a Claim

Do I qualify for DI benefits?

Are you under the care of a Licensed Health Professional?

What if I can’t see my Licensed Health Professional in the first eight days of my disability?

When do I file my claim?

How can I avoid delays in my DI claim?

How do I complete my medical certificate?

What if I was misclassified by my employer?

You Must Not Be Able To Work for Eight Days

One of the primary qualifications for short-term disability in California is that you must be unable to work for at least eight consecutive days due to your medical condition. This requirement is based on the need to establish a legitimate inability to perform your usual job duties.

The EDD evaluates this criterion by reviewing medical certification from your healthcare provider. The certification must specify the nature of your condition, its severity, and the anticipated duration of your inability to work. Common examples include recovering from surgery, dealing with complications during pregnancy, or experiencing a debilitating illness or injury.

During these eight days, you are not required to file a claim immediately. However, any delay beyond this period might require additional documentation to explain why the claim was not submitted earlier. The eight-day requirement ensures that DI benefits are reserved for those with genuine and sustained medical needs.

You may be eligible for Short-Term Disability Insurance (DI) benefits if you:

  • Can’t do your regular work for at least eight days.
  • Have lost wages because of your disability.
  • Are you you working or looking for work at the time your disability begins?
  • Earned at least $300 with State Disability Insurance (SDI) deducted from your paycheck.

State Disability Insurance (SDI) deductions show as CASDI on your pay stub. Learn more about your base period with Calculating Benefit Payment Amounts.

You Must Be Injured, Ill, Pregnant, or in Need of Family Leave for Short-Term Disability Insurance (DI)

A disability is an illness or injury, either physical or mental, which prevents you from working. A disability also includes elective surgery, pregnancy, childbirth, or other related medical conditions:Qualifying conditions include:

  • Non-work-related injuries: Examples include fractures, sprains, or recovery from a car accident.
  • Illnesses: Chronic conditions like severe migraines, temporary mental health issues, or respiratory infections.
  • Pregnancy and childbirth: DI benefits often cover complications during pregnancy, such as preeclampsia, as well as recovery periods post-childbirth.
  • Family caregiving leave: While primarily covered under Paid Family Leave (PFL), some family caregiving situations might also overlap with DI eligibility.

These conditions must be certified by a licensed healthcare professional, such as a physician, surgeon, chiropractor, or midwife. Certifications must include detailed medical records supporting your inability to work. Fraudulent claims are strictly prohibited and can result in penalties or disqualification from benefits.

DI does not provide job protection. However, your job may be protected through other federal or state laws such as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

You Need a Year’s Worth of Pay Deductions in Short-Term Disability

To be eligible for short-term disability benefits, applicants must have contributed to State Disability Insurance (SDI) program through payroll deductions for at least one year. These deductions appear on pay stubs as “CASDI” or “CA SDI” and are required from California employees, apart from a limited number of exempt groups.

The EDD calculates eligibility and benefit amounts based on your earnings during a specific 12-month base period, which is divided into four consecutive quarters. For example, if you file a claim in December, your base period would likely include earnings from July of the previous year through June of the current year.

You must have earned at least $300 in wages during the base period, with SDI contributions withheld. Individuals who are self-employed or independent contractors are not automatically enrolled in SDI but can opt into the program by paying elective coverage premiums.

You Must Look for Work if You’re Unemployed for the Short-Term Disability

Individuals who are unemployed at the time their disability begins must actively seek employment to qualify for benefits. This requirement ensures that DI benefits are extended to those who are genuinely attempting to re-enter the workforce but are temporarily hindered by medical conditions.

The EDD may require documentation of your job search efforts, such as records of applications submitted or interviews attended before the onset of your disability. This provision highlights the intersection between disability benefits and unemployment benefits in California. In certain cases, the EDD may recommend transitioning from unemployment insurance to DO if your medical condition prevents you from meeting the job search requirements.

When you turn to us, we have a program or resource that can help. This includes time to bond with your newborn, some support to find your next job, and resources to help you recover after an illness or injury.

  1. Unemployment Insurance
  1. Determinations and Eligibility
  2. Appeals
  3. Overpayments and Penalties
  4. Disability Insurance
  5. Paid Family Leave
  6. Nonindustrial Disability Insurance
  7. Benefit Overpayment Information
  8. Fraud Information
  9. Ask EDD
  10. Online Services

You Must Be Under the Care of a Doctor for the First Eight Days

To qualify for DI benefits, you must be under the continuous care and treatment of a licensed healthcare provider from the onset of your disability. This requirement applies during the first eight days of your medical condition and extends throughout your benefit period.

Your healthcare provider must complete the “Physician/Practitioner’s Certification” section of the DI claim form, detailing your diagnosis, treatment plan, and estimated recovery time. The certification can be submitted electronically through the EDD’s SDI Online portal or paper form.

Failure to provide timely medical certification can delay or disqualify your claim. Additionally, the EDD may conduct follow-up checks to ensure you’re adhering to your prescribed treatment plan. Regular updates from your healthcare provider may also be required to extend benefits beyond the initial period.

Challenges in receiving unemployment benefits

For those facing such barriers such as facing challenges in receiving unemployment benefits, seeking assistance through an unemployment benefits appeal can be a critical step in resolving disputes and securing the benefits to which they are entitled.

Meeting the SDI Requirements

California’s short-term disability program replaces part of a worker’s wages during a period of temporary incapacity. Meeting the eligibility requirements, including the inability to work for eight days, having a qualifying condition, contributing to SDI, actively seeking work if unemployed, and obtaining medical certification, is what determines access to these benefits. Understanding these qualifications and following EDD’s guidance helps applicants move through the claims process.

For more detail see the California EDD Disability Insurance page, our note on making a successful short-term disability claim, and how benefit amounts are computed.

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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