Do I Qualify Under CA State Disability Benefit Insurance Laws?

To qualify for disability in California, you must meet certain eligibility requirements. Once you meet these requirements, you can then receive benefit payments as stipulated by California's state disability benefit insurance laws.

Eligibility for Disability Insurance

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

• You must be unable to do your regular work for at least eight consecutive days;
• You must have been employed or actively looking for work at the time you became disabled;
• You must have lost wages because of your disability or, if unemployed, have been actively looking for work;
• You must have earned at least $300 from which state disability insurance deductions were withheld during a previous period;
• You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability and must remain under this care and treatment to continue receiving benefits;
• You must 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. A licensed midwife, nurse-midwife, or nurse practitioner may also complete the medical certification for disabilities related to normal pregnancy or childbirth. If you are under the care of an accredited religious practitioner, request a "Practitioner's Certificate," DE 2502, from the SDI office.
• You may be required to submit to an independent medical examination to determine your initial or continuing eligibility.

Ineligibility - Disability Insurance

Even if you are not sure you are eligible, you may still apply for benefits. However, if you are subsequently found to be ineligible for all or part of a period claimed, you will be notified of the ineligible period and the reason. You may be ineligible if:

• You are not suffering a loss of wages;
• You are claiming or receiving Unemployment Insurance or Paid Family Leave benefits;
• You became disabled while committing a crime resulting in a felony conviction;
• You are in jail, prison, recovery home, or any other place because you were convicted of a crime;
• You are receiving Workers' Compensation benefits at a weekly rate equal to or greater than the DI rate; or
• You fail to have a requested independent medical examination.

How to File a Claim

• Determine the date you want your claim to begin as your weekly benefit amount will be based on this date.
• Complete the "Claim Statement of Employee" and sign it. Any errors or omissions may cause your claim to be returned and may delay payment.
• Submit a "Doctor's Certificate" completed and signed by your doctor. Certification may also be made by a licensed medical or osteopathic physician and surgeon, chiropractor, dentist, podiatrist, optometrist, designated psychologist, or an authorized medical officer of a United States Government facility.
• 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).
• 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.

Find an Attorney

If you want to receive disability benefits in California, you must meet certain eligibility requirements. Check with an experienced attorney to ensure that you file properly otherwise your request may be delayed or denied.