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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5066
Experience:  Extensive experience representing employees and management
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I have a question regarding CA Claim for Disability Benefits

Resolved Question:

I have a question regarding CA Claim for Disability Benefits form. I filled out the following:

A17: (before your disability began, what was the last day you worked?): 9/21/2012
A18: (when did your disability begin?): 9/24/2012

My Doctor filled out the wrong date for:
B13: (at any time during your attendance for this medical problem, has the patient been incapable of performing his/her regular or customary work?): 11/30/2012 (this is the date I last visited my doctor)

My questions are:
1) Does this mean i will only qualify for benefits STARTING 11/30/2012?
2) If the answer to above is YES, considering I'm already behind in filing (due to issues with the EDD site, which I plan to document with my application), should I:

a) File the application as is, so that benefits will start immediately, and send some sort of separate form to EDD for the previous time period?
b) Have my doctor cross out and signature the date & replace with the correct date?
c) Have a completely new form filled out by my doctor with correct date, even though this will likely delay the application another week minimum?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello.

1) No, as long as you have your doctor correct the date that you were no longer able to perform your regular or customary work to 9/24/2012, you would be eligible to receive disability benefits beginning on that date and not 11/30/2012.

I would still reccomend that you send in the application 'as is' so that your benefits can start immediately, and then send new information regarding the actual start of your disability. However, if you can contact your doctor in the next few days, it would be best to have him correct the date and re-sign with the correct date, or better yet, have him fill out a completely new form.
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX it make sense to send the current form as is to EDD (with 11/30/2012 date) then have my Dr fill out another form with the 9/24/2012 date & send that to EDD following, with an attached letter of explanation? Or, will that just confuse things and further delay my benefits?

Expert:  Joseph replied 1 year ago.
Unfortunately, that is likely to cause further delay to you receiving benefits. I would suggest that you have the doctor correct the form or fill out a new one and send that into EDD, even if it could take a week to get the corrections made, since that would prevent any further delay in you receiving benefits.
Joseph, Lawyer
Satisfied Customers: 5066
Experience: Extensive experience representing employees and management
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