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attorneyappeal
attorneyappeal

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Moreira, Matter of

Facts

After filing a claim for unemployment insurance benefits the claimant, an attorney, received benefits totaling $3,341.25. While he was receiving benefits, the claimant performed some legal work. The Board subsequently found him ineligible to receive benefits because he was not totally unemployed during the relevant time period and charged him with a recoverable overpayment of the benefits. Upon the claimant's application for reopening and reconsideration, the Board adhered to its prior decision. Substantial evidence supported the Board's conclusion that the claimant was not totally unemployed due to his continued operation of a law practice during the period when he was receiving benefits, particularly since the claimant possibly, in the future, profit from the continued existence of the law practice.

After filing a claim for unemployment insurance benefits, claimant, an attorney, received benefits totaling $3,341.25. During the period when he was receiving benefits, claimant rented office space for his law practice, performed occasional legal work referred to him by other attorneys, and took steps to become eligible for court-ordered assignments pursuant to County Law article 18-B. Ultimately, the Unemployment Insurance Appeal Board found claimant ineligible to receive benefits because he was not totally unemployed during the relevant time period and charged him with a recoverable overpayment of the benefits. Upon claimant's application for reopening and reconsideration, the Board adhered to its prior decision.

Issue

Whether the claimant was totally unemployed within the meaning of Labor Law 591(1) and thus eligible for unemployment insurance benefits.

Whether the claimant was totally unemployed within the meaning of Labor Law 591(1) and thus eligible for unemployment insurance benefits.

Rule

In order to receive unemployment insurance benefits, a claimant must be totally unemployed within the meaning of Labor Law 591 (1). Whether a claimant is totally unemployed is a factual question for the Board to resolve. A claimant who actively participates in some manner even minimally in his or her own ongoing business may not be considered totally unemployed despite the fact that the business is neither profitable nor fully operational.

In order to receive unemployment insurance benefits, a claimant must be totally unemployed within the meaning of Labor Law 591 (1) ( see Matter of Baptista [Commissioner of Labor] , 20 AD3d 829, 829, 798 NYS2d 793 [2005] ). Whether a claimant is totally unemployed is a factual question for the Board to resolve ( see Matter of Petosa [Commissioner of Labor] , 24 AD3d 825, 825, 804 NYS2d 487 [2005] ). A claimant who actively participates in some manner even minimally–in his or her own ongoing business may not be considered totally unemployed despite the fact that the business is neither profitable nor fully operational ( see Matter of McDonald [Commissioner of Labor] , 26 AD3d 636, 637, 809 NYS2d 615 [2006] ; Matter of Restivo [Commissioner of Labor] , 24 AD3d 1007, [****2] 1007, 805 NYS2d 492 [2005] ).

Analysis

The court applied the rule by examining the claimant's activities during the period he received benefits. It found that the claimant's engagement in legal work and the operation of his law practice indicated that he was not totally unemployed. The Board's determination was supported by substantial evidence, particularly the potential for future profit from the continued existence of the law practice.

In this case, substantial evidence supports the Board's conclusion that claimant was not totally unemployed due to his continued operation of a law practice during the period when he was receiving benefits, particularly since claimant may, in the future, profit from the continued existence of the law practice.

Conclusion

The Board's decision was affirmed, concluding that the claimant was not eligible for unemployment benefits due to his lack of total unemployment.

The Board's decision was affirmed.

Who won?

The Unemployment Insurance Appeal Board prevailed in the case, as the court affirmed its decision that the claimant was ineligible for benefits based on his continued operation of a law practice.

The Unemployment Insurance Appeal Board prevailed in the case, as the court affirmed its decision that the claimant was ineligible for benefits based on his continued operation of a law practice.

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