The Online Resource for Massachusetts Poverty Law Advocates

Perez V. Sec'y HEW

Date: 
01/01/1980

Unemployment Benefits.Although Court has reservations about the significance of evidence that claimant collected unemployment benefits, Court is reluctant to say that a claimant's decision to hold himself out as able to work for the purpose of receiving unemployment benefits may never be considered on the issue of disability. Secretary's consideration of the claimant's receipt of unemployment benefits is not subject to reversal where claimant's receipt of such benefits was not a decisive factor in the denial of benefits and where there was medical and vocational evidence supporting the decision. One CE report can be substantial evidence of non-disability in face of multiple reports from treating physicians showing disability.


Limit Offer