Other Late Claims
II. Principles of Law
(b) Who Qualifies for Backdate
As with antedate, a claimant, in order to receive backdate, must demonstrate that he or she had good cause for the delay in filing their reporting cards or renewal application. In order to demonstrate good cause, a claimant must demonstrate that he or she acted as any reasonable person would have in the same situation.
Whether a claimant has established good cause for his or her delay in filing their reporting cards is a question of fact to be determined by the Board of Referees. It is an error of law for a Board to fail to consider the question of good cause.
Where a claimant has been disqualified from receiving, or disentitled to benefits, he or she is not required to submit reporting cards for the weeks during which the disqualification or disentitlement is in effect.
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