Board of Review Decision 352-N55H-RJPF

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
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Issue ID: 352-N55H-RJPF

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 unemployment benefits. We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse.

The claimant filed a claim for unemployment benefits with the DUA, effective October 12, 2025, which was denied in a determination issued on October 24, 2025. The claimant appealed the determination to the DUA hearings department. Following a hearing on the merits attended by the claimant, the review examiner affirmed the agency’s initial determination and denied benefits in a decision rendered on March 16, 2026. We accepted the claimant’s application for review.

Benefits were denied after the review examiner determined that the claimant did not meet the filing and registration requirements to verify his identity as the person who filed this claim for unemployment benefits, and, thus, was disqualified under G.L. c. 151A, § 25(a). After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal, we remanded the case to the review examiner to afford the claimant an opportunity to present additional documentary proof of his identity. The claimant attended the remand hearing. Thereafter, the review examiner issued his consolidated findings of fact. Our decision is based upon our review of the entire record. 

The issue before the Board is whether the review examiner’s decision, which concluded that that the claimant did not provide substantial documentation to verify that he was the person who filed this claim because he did not provide any evidence verifying his Social Security number, is supported by substantial and credible evidence and is free from error of law.  

Findings of Fact

The review examiner’s consolidated findings of fact and credibility assessment are set forth below in their entirety:

1. The claimant filed a claim for unemployment insurance benefits with the Department of Unemployment Assistance (DUA) with an effective date of October 12, 2025.
2. On October 24, 2025, the DUA issued the claimant a Determination disqualifying him from benefits because his identity could not be verified. 
3. The claimant has a Massachusetts Driver’s License with an expiration date of December 31, 2030. 
4. The claimant has a United States Passport with an expiration date of December 10, 2033.
5. The claimant has a valid Social Security card issued on April 13, 2026. The card contains the claimant’s full name and matches the name used to file the claim. The card is signed by the claimant and the Social Security number matches the number used to file the claim. 
6. The claimant has a bank check showing his current address.

Credibility Assessment: 

The claimant attended the remand hearing. 

The claimant presented his identification documents in the virtual hearing. New copies of the documents are marked as Exhibit 14. The documents appear authentic. The claimant’s testimony concerning his identity was consistent and credible. The photo on the U.S. Passport and MA Driver’s license appears to be the person who identified themselves as the claimant during the initial virtual hearing and remand virtual hearing.

Ruling of the Board

In accordance with our statutory obligation, we review the record and the decision made by the review examiner to determine: (1) whether the consolidated findings are supported by substantial and credible evidence; and (2) whether the review examiner’s conclusion is free from error of law. Upon such review, the Board adopts the review examiner’s consolidated findings of fact and deems them to be supported by substantial and credible evidence. We further believe that the review examiner’s credibility assessment is reasonable in relation to the evidence presented. However, as discussed more fully below, we reject the review examiner’s legal conclusion that the claimant is not entitled to benefits. 

In order to obtain benefits, the claimant must follow the provisions of G.L. c. 151A, § 25(a), which state, in relevant part, as follows: 

No waiting period shall be allowed and no benefits shall be paid to an individual under this chapter for—(a) Any week in which he fails without good cause to comply with the registration and filing requirements of the commissioner. . . .    

During the original hearing, the claimant did not have any document that verified the Social Security number used to file his claim. After remand, the record now includes a valid Social Security card, the claimant’s unexpired Massachusetts driver’s license and United States passport both with his photograph, and a bank check. 

Though not specifically referenced in the review examiner’s consolidated findings, the DUA’s electronic record keeping system confirms that the name and date of birth listed on the claimant’s driver’s license and passport are the same name and date of birth the claimant used to file this claim for benefits. See Consolidated Findings 3 and 4. To verify his current address on file with the DUA, the claimant submitted a bank check. See Consolidated Finding 6. The review examiner found that the claimant’s Social Security card matched the name and Social Security number used to file his claim for benefits. See Consolidated Finding 5. Additionally, the review examiner noted in his credibility assessment that the picture on the Massachusetts Driver’s license and United States passport resembled the person appearing at the hearing as the claimant.

In light of the consolidated findings and credibility assessment, we are satisfied that the claimant has met his burden to confirm that he is the person who filed an unemployment claim and not an imposter.

We, therefore, conclude as a matter of law that the claimant has produced substantial and credible evidence to verify his identity. He has met the registration and filing requirements for benefits pursuant to G.L. c. 151A, § 25(a). 

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for the week ending October 18, 2025, and for subsequent weeks if otherwise eligible.

Boston, Massachusetts                                              Date of Decision – July 8, 2026

1. The claimant’s Massachusetts Driver’s license and U.S. Passport is Remand Exhibit 14. While not explicitly incorporated into the review examiner’s findings, this exhibit is part of the unchallenged evidence introduced at the hearing and placed in the record, and it is thus properly referred to in our decision today. See Bleich v. Maimonides School, 447 Mass. 38, 40 (2006); Allen of Michigan, Inc. v. Deputy Dir. of Department of Employment and Training, 64 Mass. App. Ct. 370, 371 (2005).

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.

Visit this page to locate the nearest Massachusetts District Court.

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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