NEW YORK UNEMPLOYMENT INSURANCE - DISABILITY AND CLAIMANTS

In one matter in which I represented the claimant, the ALJ overruled the DOL's adverse determination of misconduct recognizing that alcoholism, as a disease, was an affirmative defense to the allegation of misconduct. The issue of availability and/or capability for work did not become an issue as the claimant, prior to the hearing, had entered rehab, was in a recovery program for alcoholism and had several months of sobriety.