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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5615
Experience:  Exclusively practice labor and employment law.
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Can a company who I work full time and worked entire month

Customer Question

Can a company who I work full time and worked for an entire month earning revenue "backdate" my short term disability from the month before all the way though to the next month?
P.S. I've worked for this company for 17+ years and work from home, travel to a "work site" and perform audits. The organization "backdated" my disability from December 28 through February 29th even though I worked for revenue starting January 11th through February 5th 2016
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Disability claims can and should be dated to the date of onset. There is nothing per se wrong or illegal with backdating a claim, nor does it matter if you had any income from them the month or week of the claim. You'd still be eligible for the benefits. The way these claims work are your average income; not the specific income of any particular month or week.

Expert:  John replied 1 year ago.

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