Tuesday, September 13, 2011

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

A meeting with the claimant and a review of file revealed:

1. The claimant worked.

2. The claimant received medical leave due to a physical condition.

3. Upon the termination of the medical leave, the claimant's doctor determined that the claimant was unable to return to work.

4. The claimant was terminated by the employer.

5. The claimant applied for SSDI and was denied.

6. The claimant then applied for unemployment insurance benefits.

7. During the DOL investigation, certain information was not received by the DOL.

8. The DOL issued an adverse determination based on "capability of employment".

9. The claimant requested a hearing.

10. The claimant recently received a letter from the claimant's doctor that the claimant could perform light duties.

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