Employment Law Questions? Ask an Employment Lawyer.
When did you learn you needed to submit an extension?
How long have you been on disability?
Will you ever be able to return to work?
Thank you for the additional information.
The best thing that you can do is have your MD refer you to an MD who will certify that you should still be on disability leave. If your own MD does not have someone she can refer you to, have your psychologist refer you to an MD who can complete the necessary certification.
Since you did not submit your renewal on time, you should submit a declaration of good cause regarding late filing with this material.
The declaration should look something like this:
I, [name] declare and state as follows:
1. I am over the age of 18. If called upon to testify as to the foregoing, I could and would do so competently.
2. Good cause exists for the late filing of my extension for long term disability benefits.
3. I did not receive notification from EDD that I needed to submit an extension until [date]. I only found that out when I called on [date] because I was not receiving benefits.
4. I promptly contacted my doctor, [name]. However, she herself was on medical leave.
5. I contacted my psychologist, [name], who gave me a declaration. However, I discovered that I needed an MD, not a PhD, to certify my disability.
6. [name] referred me to [name], MD, who prepared my certification.
I declare under penalty of perjury of the laws of the State of California that the forgoing is true and correct.
Executed this [day] of [month] 2010 in [City] California
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