Board of Review Decision 334-FH52-L6FM

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
Phone: [phone]
Fax: [phone]

Issue ID:  334-FH52-L6FM      

Board of Review Decision

Introduction and Procedural History of this Appeal

The claimant appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to deny the claimant benefits for the weeks between December 8, 2024, and January 18, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and we affirm in part and reverse in part.

On February 6, 2025, the agency initially determined that the claimant was not entitled to unemployment benefits for the period between December 8, 2024, and January 18, 2025. The claimant appealed, and both parties attended the hearing. In a decision rendered on March 23, 2026, the review examiner affirmed the agency determination, concluding that the claimant was not in total or partial unemployment during the period at issue and, thus, was disqualified under G.L. c. 151A, §§ 29 and 1(r). The Board accepted the claimant’s application for review.

Ruling of the Board

After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal, we conclude that the review examiner’s decision is based on substantial evidence and is free from any error of law affecting substantive rights.

However, it appears the review examiner inadvertently erred in disqualifying the claimant through the week ending January 18, 2025. The week of January 12, 2025, through January 18, 2025, was the sixth complete week after the claimant separated from her employment and filed a claim for benefits effective December 8, 2025. As the claimant was issued only five weeks of severance pay, her receipt of this remuneration impacted her unemployment status only through the week ending January 11, 2025. We issue this decision to correct that error.

The review examiner’s decision is affirmed in part and reversed in part. The claimant is denied benefits from the week ending December 14, 2024, through the week ending January 11, 2025.

Boston, Massachusetts                                              Date of Decision – July 13, 2026

Martha M. Wishart, Esq.
Chair

Michael J. Albano
Member

Any further appeal would further appeal further appeal would be to a Massachusetts State District Court
(See Section 42, Chapter 151A, General Laws, Enclosed)

The last day to appeal this decision to a Massachusetts District Court is thirty days from the mail date on the first page of this decision. If that thirtieth day falls on a Saturday, Sunday, or legal holiday, the last day to appeal this decision is the business day next following the thirtieth day.

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Please be advised that fees for services rendered by an attorney or agent to a claimant in connection with an appeal to the Board of Review are not payable unless submitted to the Board of Review for approval, under G.L. c. 151A, § 37.

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