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Pennsylvania. Im a bit confused on why I was denied. Maybe I did something wrong in the initial Claim.
Facts, voluntarily quit due to health
Had work limiitations and could not work
Informed employer of health
Employer did not offer alternate work
Ability and availablity for work is affected because doctor did not release
I was eligible for the 402 (b). Because my employer could not provide me with "light duty" work.
I was ineligible for 401(d)(1) It stats that i need to prove i am able and available for work, I have not sustained the burden of proof for this.
I am physically able to work, just not my normal job due to restrictions.
I was ineligible for 401(d)(1) It stats that i need to prove i am able and available for work, I have not sustained the burden of proof for this.
I am physically able to work, just not my normal job due to restrictions.
You're not a doctor. You don't get to say that you can work.
Go see a doctor, and have him document the type of work you can do, and REopen you claim.
Reopen my claim or appeal? It seems re opening a claim i could potentially lose out on collections because the date starts over.
Unemployment needs documentation of my restrictions?
No. Able and available issues require a DOCTOR's note. Unless you have one dated to the beginning of your UI application, you'll just get the decision affirmed on appeal, and then you'll still have to REopen the claim after seeing a doctor.
Go see the doctor NOW, and get benefits going forward. The longer you delay, the further behind you'll get.
If you didn't have a note from a physician to hand to your employer, than the employer could not realistically offer you work within your restrictions. The employer doesn't have to take your word for what you can or can't do.
If you have no physicians release at all for restricted work then you are not able and available and will continue to not be able and available until you do have a release to restricted duty.
When you do get released to restricted duty, the separating employer must get a copy and tell you yes we can provide work within your limitations or no we can't. If the employer says no we can't, that's when your voluntary quit for health reasons becomes a lack of work.
If you didn't have a note from a physician to hand to your employer, than the employer could not realistically offer you work within your restrictions. The employer doesn't have to take your word for what you can or can't do.
If you have no physicians release at all for restricted work then you are not able and available and will continue to not be able and available until you do have a release to restricted duty.
When you do get released to restricted duty, the separating employer must get a copy and tell you yes we can provide work within your limitations or no we can't. If the employer says no we can't, that's when your voluntary quit for health reasons becomes a lack of work.
My employer can't offer me work even light duty because i was hurt out side of work. They dont want you to work until your 100% to go back to your normal job.
If you were hurt on the job they would provide light duty if you can.
When I submit my appeal. I will have to show a doctor note at my hearing and let them know my doctor had restrictions for me since day 1, meaning i was able and available for work.,
I can show my employer the note for my restrictions when I get it just incase it'll help my situation, but im assuming this doesn't matter because i was found eligible for 402(b)
Last edited by neo333; 04-12-2019 at 02:50 PM..
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