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unemployment hearing appeal District of Columbia

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  • unemployment hearing appeal District of Columbia

    Please Help!

    I would like to know if any one knows the next step in this process. I filed for unemployment in June of this year. I have been out on disability retirement as a federal employee. I was denied not for separation, but I was told that I was not able to work. Although I am on disability retirement, I am allowed and able to do some work. After receiving the ok to work from doctor, I began to apply for jobs. After not being able to find work, I was informed by my old job to file for unemployment until I could find work so I did. However, unemployment noticed from my 50 from my last job that I was on disabiltiy retirement and said that I needed to have my doctor fill out a physician's certificate to receive unemployment. My doctor filled it out allowing me to do some work with some limitations. My doctor misread 2 of the questions on the certificate therefore giving confusing answers. Unemployment tried to reach my doctor but he did not return the call so unemployment denied my claim so I appealed. The decision stated was that my doctor said I was unable to work. That was not true. So during my appeal I supplied a very detailed later from the doctor's office stating that I was able and ready to work along with other evidence. I also supplied a notice from Social Security denying me benefits because they said I was able to work. I just received appeal decision from Administrative Judge stated that I am ineligible for unemployment because he said although I supplied a detailed letter from my doctor along with mounds of other evidence that is was not enough. He remanded the case back to unemployment. I am very frustrated now. I don't know how much evidence I need to show that I am available and ready to work. On one hand unemployment says that I am to disable to work and not eligible to received benefits until I find another job. Social Security states that I am not 100% disabled and therefore, I am able to do some work. I would like to know with info provided what is my next step in this process? Do I file in District Court now? I really believe I have case. I believe one of the cases cited by the Administrative judge was that I am not available for enough of the jobs available. I don't understand that. I understood the law to be that it had to something related to my experience. I was an HR specialist. My doctor advised that I do something else because of the stress this type of job puts on my health and is why retired from it on disability retirement. I have bee applying for receptionist type jobs with no labor type of thing. I don't understand when the judge says that I am not available for a certain percentage of jobs. I don't have to available laborous type jobs like working in Mcdonald's, maintenance work, cleaning offices, etc. because that is not my experience. Thank you for your help.

  • #2
    Wall of Text Crits for -$50,000

    I am not sure as to a response to best suit your situation but I would suggest editing the question so it is easier to read and use paragraph's so it is easier to read by those that can give an answer.

    When somone makes a post in any forum and all they see is a wall of text, whether it be a Law forum or a Gaming forum people tend to just glance at it and not make a response to the situation or statement. (other then Wall of text Crits you for 50,000)

    I used to do the same thing so learned first hand that walls of text are not treated the same way as paragraphed out thoughts or ideas or where input is needed.
    Last edited by Actongue; 10-14-2008, 09:38 PM.


    • #3
      I think it's time for an attorney. To my knowledge, we have no employment law attorneys here who practice in DC.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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