Saturday, September 17, 2011

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

Continuing with the keys facts of this case:

In month 4:

a. The claimant received a letter from the claimant's doctor that the claimant was able to perform light duties.

It was at this point I met the claimant. The hearing was scheduled in two days. I advised the claimant as follows:

1. At the hearing date, bring in all correspondence from the doctor, viz., the first letter that the claimant could not perform work and thus needed FHMA leave, the second letter that the claimant still could not return to work, and the third letter that the claimant could perform light duties.

2. At the hearing date, bring in the notice of adverse determination from Social Security re the SSDI benefits.

3. Immediately make an application to the claimant's employer for re-employment subject to light duties.

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