Wednesday, August 3, 2011

NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - CAPABILITY OF EMPLOYMENT - CASE NO. 6

From the Appeal Board website:

"700. Introduction

Section 591.2 of the Unemployment Insurance Law imposes two conditions for eligibility for benefits:

1. The claimant must be "capable of work". That is (s)he must possess the physical and mental ability to perform work; and

2. The claimant must be "ready, willing and able to work in his usual employment or in any other for which he is reasonably fitted by training and experience." One who meets this condition is considered to be "available" for work.

The issue of capability must be resolved whenever the local office receives information that a claimant may be, or may have been, unable to work due to some physical or mental impairment. The impairment may be a temporary condition caused by a short-term illness or injury. or may result from a chronic or debilitating illness or disability. In resolving a question of capability involving long term or serious conditions, claims personnel are not only to consider the nature and extent of the impairment, but also to evaluate the claimants residual capacity for work.

A claimant who is capable of work must also be available for work to be eligible for benefits. That is, (s)he must be ready. willing and able to work in employment for which (s)he is reasonably fitted by training and experience. A claimant is considered to be available for work if (s)he places no unreasonable restrictions on the type or conditions of employment (s)he will accept, is making a diligent effort to obtain work. and is prepared to start work without delay upon securing employment.

Notwithstanding the requirement of Section 591.2 that a claimant be ready, willing and able to work in a claimant may not be denied benefits due to unavailability because of such claimants service on a grand or petit jury of any state or of the United States.. (sub. sec. 591.1); nor may a claimant be held ineligible for benefits because of "regular attendance at a vocational training course. or at a course in basic education skills which the commissioner has approved (sub. sec. 599.1). or because (s)he "is in training approved under the federal trade act of nineteen hundred seventy-four...". (sub. sec. 599.2)

When interviewing claimants regarding the issues of availability and capability, claims personnel should consult the appropriate Fact-Finding Guidecards for a checklist of questions to be explored. Determinations should be made in accordance with the principles reported in this section of the Interpretation Service Index, the policies set forth in relevant Special Bulletins (A-710 series) and Field Memoranda."

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