Summary of Issue: Retroactive


Decision 21799 Full Text of Decision 21799

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability proof retroactive
Summary:

Refer to: A-1437.92


Decision A-1437.92 Full Text of Decision A-1437.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability proof retroactive
Summary:

The Board's decision seems to be based, not on the refusal to give a retroactive effect to evidence which covers an earlier period, but on the conviction that credibility should be given to the claimant's statement that she was now willing (new attitude) to accept an employment. Obviously the claimant's counsel is right in saying that proof of availability for an earlier period could and even should normally make it possible to reestablish eligibility that is diputed by the Commission on the basis that the claimant was not unavailable.

Date modified: