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Kennedy Morrison

PA UC Appeal Hearing for Medical Restrictions Case - What to Bring and Expect?

I've got my PA UC appeal hearing scheduled for May 23rd and I'm super nervous! My claim was initially approved then denied for 'Not readily available for work' which is totally wrong. I had shoulder surgery in January and after my 3-week recovery period, my doctor cleared me to return with minor restrictions (just needed regular breaks from standing). My employer (retail store) first said they'd move me to a different department to accommodate, then backtracked saying there wasn't space because others were coming back from leave. They basically forced me to stay on leave until I could work without ANY restrictions, which wasn't what my doctor ordered at all! I've got texts between me and my department manager showing they initially agreed to accommodate me then changed their mind. Can I use screenshots of these messages at the hearing? What else should I bring? Will the hearing be over the phone or in person? Anyone been through this process who can tell me what to expect? I really need this resolved as it's been almost 4 months without income.

Wesley Hallow

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I went through a similar appeal last year. Definitely bring those text messages - print them out and also have digital copies ready. You'll want to bring: 1. Your doctor's work release with the restrictions clearly stated 2. Any emails/texts showing your employer refused to accommodate 3. Documentation showing you were able and available for work with those minor restrictions 4. A timeline of events - when you had surgery, when you were cleared, when employer denied your return PA UC appeals are usually by phone right now. The referee will call you at the scheduled time. Be ready 15 minutes early. They'll ask questions and let you explain your side. Speak clearly and stick to facts. Focus on proving you were available for work with reasonable accommodations that your employer refused to provide. Good luck!

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Thank you so much! Just to be sure - the appointment letter doesn't specify phone or in-person. Will they definitely call me? Should I be prepared for both? I have all the medical documentation but wasn't sure if I need notarized copies or anything like that.

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Justin Chang

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yo i had my appeal for the same thing last month!! they denied me for 'not avail for work' too but i won my appeal. its def over the phone dont worry about going anywhere. the referee was actually pretty chill and just wanted straight answers. make sure u have ALL ur docs ready cuz they give u like 5 mins to send anything they ask for

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This makes me feel a bit better! How long did your hearing take? I'm worried about missing something important.

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Grace Thomas

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For your PA UC appeal hearing, you absolutely can present screenshots of communications with management. In fact, these could be crucial evidence. The key issue in your case appears to be whether you were "able and available for work" during the period in question. The law requires that you be both able to work and available for suitable work. Since your doctor cleared you with restrictions, and your employer refused to accommodate those restrictions (despite initially agreeing to), you have a strong case that you WERE available for work that matched your medical restrictions. Bring the following to your hearing: 1. Medical documentation showing your release to work with restrictions 2. All communications with your employer about returning to work 3. Any witness information who can corroborate your story 4. A written statement explaining the timeline of events The hearing will be conducted by a Referee who will swear in all parties and allow testimony. Be concise, honest, and stick to the facts. Avoid emotional arguments - focus on demonstrating that you were medically cleared for work with reasonable accommodations that your employer refused to provide. The PA UC law specifically addresses this situation under Section 401(d)(1) of the law. You should review this before your hearing.

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Agree with this! I went through EXACTLY the same thing in 2022. Had a back injury, doc released me with restrictions, employer said no, then UC denied me. I appealed and WON because I proved I WAS available for work just not the specific position they wanted me in. Make sure you emphasize that you were cleared BY A DOCTOR to work with minimal restrictions!!!

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THE SYSTEM IS RIGGED against us!!!! I had almost the exact same situation last year with my knee surgery and UC denied me too!!! Three MONTHS of fighting to get my benefits that I deserved!! The employers just dont want to accommodate ANYTHING these days and then UC sides with them! BRING EVERYTHING YOU HAVE and RECORD THE CALL if possible (check if its legal in PA first). Don't let them talk over you and MAKE SURE you say clearly that you were ABLE AND AVAILABLE FOR WORK multiple times during the hearing!!!

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Wesley Hallow

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Just to clarify - PA is a two-party consent state, so you cannot legally record the hearing call without permission from all parties. Instead, take detailed notes during the call. And while I understand your frustration, approaching the referee calmly and professionally tends to work better than being confrontational.

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Dylan Baskin

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trying to call PA unemployment to ask about my hearing next week too. just busy signals for 3 days now. anyone know a trick to getting through?

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Lauren Wood

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I was in the same boat last month trying to reach PA UC about my appeal hearing. After days of frustration, I used a service called Claimyr that got me through to an agent in about 20 minutes. They basically wait on hold for you and then call you when they reach an agent. It saved me so much stress before my hearing. You can see how it works at claimyr.com or check their demo video at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. It was seriously worth it to actually talk to someone and get my questions answered before my hearing.

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Ellie Lopez

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i went through a appeal last yr. got denied. then appealed again. then got approved. whole thing took like 4 months. just be ready for a long haul. sometimes they dont even show up to the hearing and reschedule. happened to me twice

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Oh no, I hope that doesn't happen to me! I can't handle more delays. Did you have a lawyer or did you represent yourself?

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Grace Thomas

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Based on what you've described, you have a good case for your appeal. The key legal point is that being on restricted duty doesn't automatically make you "not able and available for work" under PA UC law. If your doctor cleared you for work with reasonable restrictions, and your employer refused to accommodate those restrictions despite initially agreeing to, you can argue that you remained available for suitable work. One thing I haven't seen mentioned: bring any documentation showing you were searching for other work during this period that would accommodate your restrictions. This strengthens your case that you were "available for suitable work" even if your specific employer wouldn't accommodate you. Your hearing will be via telephone. When the referee calls, they'll explain the process, swear you in, and then typically let the employer go first (if they attend). Then you'll present your case. Be organized with your evidence and clearly explain the timeline. Specifically address why you believe the determination that you were "not available for work" was incorrect. I've seen many similar cases won on appeal.

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This is incredibly helpful! I did apply to a few office jobs during that time that could accommodate sitting more often. I'll gather those application confirmations as proof. Thank you!

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Justin Chang

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My hearing was like 25 mins but my boss didnt even show up lol. they say prepare for up to an hour tho. make sure ur phone is charged!!

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Lauren Wood

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The appeal process can be intimidating but it's actually pretty straightforward. I've helped several friends through this exact situation. Here's a quick prep guide: 1. Be by your phone 15 minutes before the scheduled time - they sometimes call early 2. Have all your documents organized and in front of you 3. Write down 3-5 key points you absolutely want to make sure you cover 4. Speak clearly and avoid interrupting others 5. If your employer attends, don't react emotionally to anything they say The hearing typically lasts 30-45 minutes. The referee will explain the process at the beginning. You'll have time to present your case and evidence. Those text messages are absolutely admissible and quite valuable to your case. One tip: practice explaining your situation in under 3 minutes. The referee will appreciate a clear, concise explanation rather than a lengthy story with unnecessary details.

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Thank you for the tips! I'll definitely practice explaining my situation concisely. One more question - should I send any of my evidence to the referee before the hearing or just have it ready during the call?

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Wesley Hallow

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Your hearing letter should specify whether it's phone or in-person, but most are by phone now. If it doesn't say, call the Appeals Office number on the letter to confirm. And no, you don't need notarized copies - regular documents and screenshots are fine.

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Lauren Wood

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You should follow the instructions on your hearing notice for submitting evidence. Generally, it's best to submit any documents to the referee before the hearing if possible. There should be instructions on how to do this on your hearing notice. If you can't submit beforehand, the referee will typically give you instructions during the hearing for how to send documents while the hearing is in progress (usually email or fax).

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Thank you all SO much for the helpful advice! I feel much more prepared now. I've gathered all my medical documents, printed out the text messages, and created a timeline of events. I also found emails from HR confirming they couldn't accommodate my restrictions. I'll practice explaining my case clearly and make sure my phone is fully charged on the 23rd. Will update after the hearing to let everyone know how it goes. Fingers crossed!

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Grace Thomas

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Sounds like you're well prepared! Best of luck with your hearing. Your case sounds strong since you have documentation showing you were cleared for work with reasonable restrictions that your employer initially agreed to accommodate and then refused. That's a key point to emphasize.

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You're absolutely on the right track with your preparation! I had a very similar case in 2023 - workplace injury, doctor cleared me with light restrictions, employer said no dice. Won my appeal because I could prove I was "able and available" for work within my medical limitations. One thing that really helped my case was showing I understood the difference between being unable to do my SPECIFIC job versus being unable to work at all. The referee seemed to appreciate that distinction. Also, if you have any evidence of other employees getting accommodated for restrictions (even temporary ones), that could strengthen your argument that your employer's refusal was unreasonable. Quick heads up - they might ask about whether you looked for other work during this period. Having those office job applications you mentioned ready to discuss will be perfect. Shows you were actively seeking work that matched your capabilities. You sound well-prepared! The fact that you have the initial accommodation agreement AND the reversal in writing is huge. That's exactly the kind of evidence that wins these cases.

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