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filing deadline falls on holiday weekend

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renatm

Junior Member
What is the name of your state? California

This is regarding my claim for Short Term Disability through Broadspire Ins. provided by my employer.

I had 60 days from receipt of initial denial letter of STD claim to file a second appeal. 60th day fell on saturday of a 3 day weekend. My attorney filed (via fax) it on the 1st business day after holiday. Insurance Co. claims it was filed late. is there a law in california regarding filing a claim that if a deadline falls on a weekend or holiday (in this case both) that the deadline moves to the next business day? this makes a difference if my claim can be ressurected or is dead. they claim that president's day is not a legal holiday, since they were open for business (although there is no mail delivery etc.)

my attorney asked for confirmation of the extension to the day after the holiday, they said no, and she filed it after the holiday ANYWAYS! do i have any recourse with the attorney or the insurance company?
 
Last edited:


tigger22472

Senior Member
Generally the 60 days would start 5 days after the date of the letter if sent regular mail. Your lawyer already advised you that it was acceptable the first business day after the 60 days... is he/she dealing with this or are you doing this without their help? If you are doing this alone ask the lawyer for the California statues on A. when the 60 days start when not sent certified mail and B. The law on if it can be filed the first business day. It may in fact be different for say a company then a court filing also which is where I got the 5 days thing (Although that was an Indiana code and may not be the same in California).

The bigger question or should I say lesson is don't wait until the last minute to file. In cases like this especially a late filing tends to make it look as if you aren't that interested in getting it and/or don't really need it.
 

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