How do I file for CA state disability benefits?

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Question:

How do I file for CA state disability benefits?

Answer:

To qualify for California disability benefits, you must meet certain eligibility criteria. Once you qualify, you will receive benefits based on the state's stipulation. However, if you do not meet the eligibility criteria, you will be notified that you are ineligible.

Eligibility Requirements

To receive benefits, you must meet all of the following criteria:

  • unable to do regular work for at least eight consecutive days;
  • have been employed or actively looking for work at the time you became disabled;
  • have lost wages because of your disability or, if unemployed, have been actively looking for work;
  • have earned at least $300 from which state disability insurance deductions were withheld during a previous period;
  • under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability;
  • complete and mail a claim form within 49 days of the date you became disabled; and
  • your doctor must complete the medical certification of your disability.
  • If requested, you must submit to an independent medical examination

Ineligibility

If you are unsure whether you are eligible, you should still apply for benefits. If you are afterward found ineligible for all or part of a period claimed, the administration will notify you regarding the reason for your ineligibility. These reasons may include:

  • There is no loss of wages;
  • You are claiming or receiving Unemployment Insurance or Paid Family Leave benefits;
  • You became disabled while committing a crime that resulted in a felony conviction;
  • You are in jail, prison, or a recovery home after being convicted of a crime;
  • You are currently receiving Workers' Compensation benefits at a weekly rate that is equal to or greater than the DI rate; or
  • You failed to submit to a requested independent medical examination.

How to File a Claim

  • Correctly complete and sign the "Claim Statement of Employee." If you cannot complete the claim form because of your disability, an authorized agent can file on your behalf by requesting the appropriate form(s).
  • Submit a completed "Doctor's Certificate" signed by an approved doctor.
  • If you are under the care of an accredited religious practitioner, you must include with your claim form a "Practitioner's Certificate" completed and signed by the practitioner.
  • If you are receiving temporary Workers' Compensation benefits and are filing for reduced disability insurance benefits for the same days, the Doctor's Certificate is not required.
  • Mail a completed and signed "Claim Statement of Employee" a completed, signed "Doctor's Certificate" and any supporting documents to the disability insurance office nearest to your residence no earlier than 9 days but no later than 49 days after the first day you became disabled.

Talk with an experienced disability attorney in California to discuss your disability case.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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