N.J. Admin. Code § 12:17-17.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:17-17.1 - Notice and proof of disability

(a) A written notice of disability on which a claim for disability benefits during unemployment is based shall, within 30 days after the commencement of the period of disability for which benefits are claimed, be furnished to the Division of Temporary Disability Insurance within the Department of Labor and Workforce Development by the claimant or an authorized representative. The notice shall state the claimant's full name, address and Social Security number, as well as the date on which the claimant was too sick (or disabled) to work. The filing of the Department form entitled, "Proof and Claim for Disability Benefits," accompanied by the certification of the attending licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist or optometrist as required hereinafter, shall constitute notice of disability.

(b) Proof of disability on which a claim for benefits under the disability during unemployment program is based shall be furnished by any claimant who expects to be or has been totally unable to perform any work and is under the care of a licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist or optometrist. Such proof may also be furnished by the claimant's authorized representative. Additional medical certification shall be filed as proof of continued disability, when requested by the Division.

(c) The failure to furnish a written notice of or proof of disability within the 30-day time period required by (a) above shall not invalidate or reduce any claim, if the Division determines that there was good cause for late filing. If a notice or proof is furnished after 30 days and the claimant does not have good cause for failing to submit the notice of proof in a timely manner, the claim shall be reduced and limited to the period commencing 30 days prior to the receipt or postmark of the notice of proof of disability, subject to the waiting period requirement. For purposes of this section, "good cause" means any situation over which the claimant did not have control and which was so compelling as to prevent the claimant from filing his claim within the prescribed period.

N.J. Admin. Code § 12:17-17.1

Amended by R.2003 d.276, effective 7/7/2003.
See: 35 N.J.R. 1527(a), 35 N.J.R. 2874(b).
In (c), substituted "proof in a timely manner" for "proof timely manner" following "submit the notice of".
Amended by R.2005 d.385, effective 11/7/2005.
See: 37 N.J.R. 1123(a), 37 N.J.R. 4274(a).
In (a), added "and Workforce Development."
Amended by R.2009 d.21, effective 1/5/2009.
See: 40 N.J.R. 4289(a), 41 N.J.R. 263(a).
In (a) and (b), inserted "advanced practice nurse,"; and in (a), substituted "the Department form entitled, 'Proof" for "Form DS-l (Proof" and "Benefits,' accompanied" for "Benefits) accompanied".