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Old 08-10-2013, 01:23 PM
Location: Yakima yes, an apartment!
8,049 posts, read 6,346,714 times
Reputation: 14750


OK, I got the order today from the OAH and found out I had won the appeal. I'll admit, the judge was fair but was really by the book regarding the rules.

Here's the findings of fact, followed by conclusions of law (Some paragraphs are condensed) This was a PITA to type, but I hope it will help someone in the future. My thanks to all for advice and help.

Findings of fact:

1. On July 9, 2013. Employment dept issued a denial of benefits. The claimant appealed.

2. On May 28th, claimant found out that he has a significant medical condition which affected working ability. Claimant diagnosed with COPD and CHF. (Note, I knew I had this condition, I didn't know I was considered "Disabled until July when I found this out online and told the judge this which surprised him that my doctor didn't say so)

3. The claimant was cleared to work on May 28th, but was given restrictions by physician.

4. The claimant attempted to obtain an accommodation with employer for light duty but employer had none available. Therefore, claimant quit to find suitable work. (Note I DID discuss with the employer on Wednesday the 22nd about working and about light duty after the weekend.They slammed the door on me totally)

5. Since May 28th, claimant has been cleared by physician to full time work of a sedentary nature. The claimant has sought work consistent with doctors restrictions.

6. Claimant began working at new job for employer where he does light production work (NOTE: I stand 10 hrs daily, but it's not hard at all)

7. During the weeks claimant sought benefits, claimant was seeking work as required (NOTE: I submitted work search records requested by the employment security dept)

Conclusions of Law

1. The OAH has jurisdiction to hear and decide this appeal under RCW Chaps 50,32 and 34.05

2. Provisions of RCW 50.20.010(1)(c) RCW 50.20.100 RCW 50.20.110 WAC 192-170-050 WAC 192-180-010 and WAC 192-180-012 apply

3. To be eligible for benefits, claimant must not only seek work but must be ready, able and willing to immediately to accept any offer of suitable work This implies that the individual must be free from any restrictions the would seriously affect the chance of becoming employed. The work search must be active as well as REALISTIC. (Note My job search logs AND the job I acquired showed this as proof. I applied only at jobs I KNEW I could physically do)

4. Here, the claimant has established that he has the ability to work full time, but that he simply cannot work at the job he had at the time he became unemployed. The claimants condition restricts him to certain ways, but he is able to do sedentary work and light production work. He continued to seek full time work of that nature and recently secured such work. Accordingly the depts decision (Denial) should be set aside.

Therefore it is ordered

Employment security dept denial is to be set aside.
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