Michael

Community Legal Aid recently won an important case for a disabled worker. A graduate of Anna Maria College with a degree in Criminal Justice, Michael Shulman worked for the Massachusetts Department of Corrections and Worcester County Sheriff’s Office.  Michael had been plagued by severe depression for years. He underwent electro-convulsive therapy around 2015. Sadly the treatment failed to work, and it left him permanently disabled with short-term memory loss and a brain injury that limits his ability to learn a new trade or job.

After his brain injury, Michael found work as a driver for autistic adults, even as he continued to suffer from severe depression. In February 2020, his doctor recommended a new treatment for his depression. The treatment had a sedative effect that prevented Michael from driving for 24 hours after each treatment. Michael explained to his employer that he would be unable to work two days each week for a few months, due to his treatment. His employer fired Michael, but claimed that he had quit voluntarily. Consequently, the Department of Unemployment Assistance (DUA) denied Michael’s claim for unemployment insurance benefits. Due to the pandemic and his brain injury, Michael could not find another job.

In April, Community Legal Aid Litigation Director Leigh Woodruff helped Michael file an appeal of the denial of his unemployment benefits. Due to the pandemic, Michael’s hearing was not scheduled for several months. Without an income, Michael fell behind on bills and visited food pantries because he could not afford to buy groceries.

Attorney Woodruff obtained medical records about Michael’s treatment and helped Michael prepare to testify, which was especially challenging due to his memory deficit. Attorney Woodruff said, “From our initial meeting, I knew that the DUA decision to deny Michael benefits had been wrong. But I also knew that Michael would most likely lose on appeal unless an attorney helped him to prepare. We needed medical evidence. Also, when Michael testified, it was essential to ask him first about his depression history and brain injury so that the hearing officer could understand why some gaps existed in Michael’s memory about discussions with his employer.” Michael said that his preparation with Attorney Woodruff made him feel “very comfortable and confident at the hearing.”

In late August, the DUA finally held a telephonic appeal hearing, and Michael testified. The DUA hearing officer found that the employer fired Michael because he was not able to work his regular five-day-a-week schedule, and awarded Michael benefits dating back to early March. Michael appreciates the work that CLA has done on his behalf, and said that the unemployment benefits have helped him “tremendously” as he is now able to pay for food and pay his bills.