Suffering an injury on the job can be terrible, especially when you are physically hurt and unable to continue working. If the state of California denies you short-term disability benefits, the sting can feel even worse. Fortunately, you have a chance to turn things around! Read this checklist for appealing a short-term disability denial.
An Appeal Form
A key item on this checklist is your appeal form. It should come with the notice of determination that the state will not be paying your disability benefits. You may have a chance of getting the benefits because the state did not have certain information previously. Make sure that you use this form to state your case about why you are eligible for disability benefits.
Your Letter
If you did not receive a form with your notice of determination, don’t let that stop you from appealing. Instead, draft and send a letter to the Employment Development Department explaining why the state should pay your benefits. You must include information such as your address and social security number, so don’t lose this letter before sending it.
Your Evidence
Evidence of your claim is another important item on your checklist for appealing a short-term disability denial. This proof can consist of medical records or statements from your physician that discuss what you should and should not be doing during your recovery. Send your form or letter along with your evidence 30 days after the EDD issues the notice. You may receive benefits after the EDD reviews your appeal, or it may deny you again.
Your Legal Counsel
The last point in your checklist should be an EDD attorney. If you are unsuccessful in your appeal, the California Unemployment Insurance Appeals Board will set a time for a hearing where a judge will listen to both sides. An attorney can be very helpful in preparing you for the hearing and the outcome of the session.
If you want legal assistance for the appeals process, reach out to Pershing Square Law Firm. Our lawyers have aided many clients in reversing the denial of their claims. Contact us today for a complimentary consultation.
