UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Of course, I immediately telephone the Claimant. The Claimant lost employment in November 2008. The Claimant applied for unemployment insurance and was denied. Over two years later, in December 2010, unemployment insurance was finally granted. It would be several weeks before Claimant would receive the back benefits. I have not heard from the Claimant since I advised the Claimant of the successful decision. The case was pro bono. But many lessons were learned from this case which I will begin to discuss tomorrow.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

And finally page 5 of the decision (pages 4 and 6 are the same instructions as page 2).

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Here is page 3 of the decision.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Here is page 2 of the decision.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

The decision was mailed on December 6, almost 3 weeks after the hearing. Here is page 1 of the decision.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

The series of questions regarding mental health was an emotional experience for the Claimant. The ALJ also asked a few questions and the hearing ended. It was time to wait for a decision.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

The hearing did not last long. The ALJ discussed the history of the matter, read the Appeals Board decision and pointed out the issues of the case. I advised the ALJ that I was representing the Claimant on a pro bono basis and introduced the following documents which were accepted into the record:

1. The Claimant's medical history intake form the mental health center.

2. A copy of the Claimant's medications.

3. The certified copy of the other tribunal's dismissal of the misconduct charges.

As the ALJ noted, the key issue was the timeliness of Claimant's request for a hearing and whether the Claimant had cause to file late. Thus, the ALJ wanted testimony that was limited to Claimant's mental condition from January 28, 2009, the date of mailing of the notice of adverse determination, and 30 days thereafter (the time period to file a request for hearing), through March 25, 2009, the date the Claimant actually made a request for hearing. I then began the series of questions to the Claimant that I researched (and that are set forth in my earlier posts) to establish the mental condition of the Claimant during that key period.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

I also discovered that the Employer was no longer in business and would not attend. This did not affect the case one way or the other: the issue of "misconduct" was already resolved in another tribunal. The main issue was Claimant's mental condition between the date the Claimant received the Notice of Adverse Determination and the date the Claimant sent a Request For Hearing. The ALJ appeared in the waiting room and we were called into the ALJ's hearing office.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

After I reviewed the tape recording of the prior hearing, the Claimant arrived. We discussed the contents of the tape recording and reviewed the documentation which consisted of:

1. The Claimant's medical history intake form the mental health center.

2. A copy of the Claimant's medications.

3. The certified copy of the other tribunal's dismissal of the misconduct charges.

We also reviewed the list of questions I was going to ask the Claimant based on my research of mental health symptoms.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

It is now November 18, 2010: the day of the hearing. I arrive early to review the file and confirm that I have all the documents involved. I also listen to the tape recording of the first hearing. If you recall, in order to expedite the appeal, I did not request a transcript so this was the first time I actually got to review what happened at the first hearing. It revealed that the hearing was attended by the Employer, the Claimant and a friend of the Claimant and that the issue of Claimant's mental condition was never discussed. The hearing concentrated on the issue of when Claimant received the Notice of Adverse Determination and when Claimant sent out a Request For Hearing.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Here is page 2 of the Instructions.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

The Notice of Hearing also contains a page of Instructions To Parties. Here is page 1of the Instructions.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

The next page of the Notice of Hearing - note the Special Instructions which highlights the issues of the hearing. The issues are also set forth on page 3 of the Notice of Hearing (see yesterday's post).

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Here is page 3 of the Notice of Hearing.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Here is page 2 of the Notice of Hearing.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

As I finished my research, the formal Notice of Hearing came in. The Notice of Hearing is now in a multi page form. Here is page 1.

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Finally, with respect to Anxiety Disorder, I discovered the following:

"Do you have an anxiety disorder?

If you identify with several of the following signs and symptoms, and they just won’t go away, you may be suffering from an anxiety disorder.

• Are you constantly tense, worried, or on edge?
• Does your anxiety interfere with your work, school, or family responsibilities?
• Are you plagued by fears that you know are irrational, but can’t shake?
• Do you believe that something bad will happen if certain things aren’t done a certain way?
• Do you avoid everyday situations or activities because they make you anxious?
• Do you experience sudden, unexpected attacks of heart-pounding panic?
• Do you feel like danger and catastrophe are around every corner?
Signs and symptoms of anxiety disorders

Because the anxiety disorders are a group of related conditions rather than a single disorder, they can look very different from person to person. One individual may suffer from intense anxiety attacks that strike without warning, while another gets panicky at the thought of mingling at a party. Someone else may struggle with a disabling fear of driving or uncontrollable, intrusive thoughts. Still another may live in a constant state of tension, worrying about anything and everything.

But despite their different forms, all anxiety disorders share one major symptom: persistent or severe fear or worry in situations where most people wouldn’t feel threatened.

Emotional symptoms of anxiety

In addition to the primary symptoms of irrational and excessive fear and worry, other common emotional symptoms of anxiety include:

• Feelings of apprehension or dread
• Trouble concentrating
• Feeling tense and jumpy
• Anticipating the worst
• Irritability
• Restlessness
• Watching for signs of danger
• Feeling like your mind’s gone blank"

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

With respect to post-traumatic stress disorder, I discovered the following:

"Post-traumatic stress disorder symptoms are commonly grouped into three types: intrusive memories, avoidance and numbing, and increased anxiety or emotional arousal (hyperarousal).

Symptoms of intrusive memories may include:

 Flashbacks, or reliving the traumatic event for minutes or even days at a time
 Upsetting dreams about the traumatic event

Symptoms of avoidance and emotional numbing may include:

 Trying to avoid thinking or talking about the traumatic event
 Feeling emotionally numb
 Avoiding activities you once enjoyed
 Hopelessness about the future
 Memory problems
 Trouble concentrating
 Difficulty maintaining close relationships

Symptoms of anxiety and increased emotional arousal may include:

 Irritability or anger
 Overwhelming guilt or shame
 Self-destructive behavior, such as drinking too much
 Trouble sleeping
 Being easily startled or frightened
 Hearing or seeing things that aren't there"

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

With respect to depression, I discovered the following:

"An episode of depression involves five or more of these symptoms most of the day -- nearly every day -- for two weeks or longer:

Symptoms of depression:

• Sadness, anxiety, irritability
• Loss of energy
• Feelings of guilt, hopelessness, or worthlessness
• Loss of interest or enjoyment from things that were once pleasurable
• Difficulty concentrating
• Uncontrollable crying
• Difficulty making decisions
• Increased need for sleep
• Insomnia
• Change in appetite causing weight loss or gain
• Thoughts of death or suicide
• Attempting suicide"

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

My research led me to various medical websites as I began to gather a series of questions. For example, with respect to bipolar disorder, I discovered the following:

"The primary symptoms of bipolar disorder are dramatic and unpredictable mood swings. The illness has two (BI) strongly contrasting phases (polar).

1) bipolar mania or hypo-mania

• euphoria or irritability
• excessive talk; racing thoughts
• inflated self-esteem
• unusual energy; less need for sleep
• impulsiveness, a reckless pursuit of gratification (shopping sprees, impetuous travel, more and sometimes promiscuous sex, high-risk business investments, fast driving)

2) bipolar depression/major depression

• depressed mood and low self-esteem
• low energy levels and apathy
• sadness, loneliness, helplessness, guilt
• slow speech, fatigue, and poor coordination
• insomnia or oversleeping
• suicidal thoughts and feelings
• poor concentration
• lack of interest or pleasure in usual activities

If you have three or more of the mania symptoms below most of the day -- nearly every day -- for one week or longer, you may be having a manic episode of bipolar disorder:

• Excessive happiness, hopefulness, and excitement
• Sudden changes from being joyful to being irritable, angry, and hostile
• Restlessness, increased energy, and less need for sleep
• Rapid talk, talkativeness
• Distractibility
• Racing thoughts
• High sex drive
• Tendency to make grand and unattainable plans
• Tendency to show poor judgment, such as deciding to quit a job
• Inflated self-esteem or grandiosity -- unrealistic beliefs in one's ability, intelligence, and powers; may be delusional
• Increased reckless behaviors (such as lavish spending sprees, impulsive sexual indiscretions, abuse of alcohol or drugs, or ill-advised business decisions)

Some people with bipolar disorder become psychotic, hearing things that aren't there. They may hold onto false beliefs, and cannot be swayed from them. In some instances, they see themselves as having superhuman skills and powers -- even consider themselves to be god-like."