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

The hearing was then held.

Present was the claimant, myself representing the claimant, and a representative of the Department of Labor. The ALJ introduced one exhibit, the claimant's application for benefits, and I introduced as another exhibit the following:

1. The first doctor's letter that the claimant could not perform work and thus needed FHMA leave.

2. The second doctor's letter that the claimant still could not return to work.

3. The third doctor's letter that the claimant could perform light duties.

4. The notice of adverse determination from Social Security re the SSDI benefits.

The claimant testified that an application to the claimant's employer for re-employment subject to light duties.

My closing argument was that the claimant was capable of employment as early as the date of the notice of adverse determination from Social Security re the SSDI benefits and certainly by the later date of the third doctor's letter that the claimant could perform light duties.