AP Confirms Importance of Active Effort to Obtain Employment During Each Week of Qualifying Period to Qualify for SIBs

In APD No. 221944, decided January 20, 2023, the AP reversed an ALJ’s decision that Claimant was entitled to SIBs for the 6^th quarter, and rendered a new decision that she was not so entitled.

The claimant’s theory for entitlement to SIBs for the sixth quarter was based, in part, on an active work search and, in part, on returning to work commensurate to her abilities. Claimant was employed during the qualifying period until the first day of week six (6) of the qualifying period. At that time the claimant was terminated from her job. Claimant’s DWC-52 then showed that the claimant performed the required number of work searches during the qualifying period or contacted the TWC. However, the DWC-52 indicated that the claimant did not make any work search efforts during week seven (7) of the qualifying period. Additionally, the claimant was no longer working at that time.

The AP concluded that, as there was no evidence that the claimant made an active effort to obtain employment during week seven (7) of the qualifying period, Claimant was NOT entitled to SIBs for the sixth quarter.

From a claims handling perspective, this decision points to the importance of scrutinizing every week of the qualifying period on Claimant’s DWC-52 to determine whether they demonstrated an active effort to obtain employment under Rule 130.102(d)(1).