Section 649.32 - Verification of Income or Support Loss(a) The Board shall only pay income or support loss if the victim was employed or receiving earned income benefits at the time of the qualifying crime. The Board will not pay income or support loss if the victim, or derivative victim in the limited cases where a derivative is eligible for income loss, had only a job offer at the time of the qualifying crime but had not begun working.(b) All cash payments or reimbursement for income or support loss shall be necessary as a direct result of the qualifying crime.(c) Income loss includes, but is not limited to, time lost from work for medical or mental health appointments necessary as a direct result of the qualifying crime.(d) Acceptable evidence of income loss for employed individuals shall be in the form of the following: (1) documentation for the tax year preceding the date of the qualifying crime or during the year of the qualifying crime from the California Franchise Tax Board (FTB), and either (2) or (3).(2) Verification through the Work Number, or similar vendor, if the employer contracts with a vendor for employment verification, or(3) a statement under penalty of perjury from the employer acknowledging that the applicant was employed, the dates of employment, the time missed from work as a direct result of the qualifying crime, the rate of pay, and all benefits the applicant received from the employer.(e) Acceptable evidence of income loss for self-employed individuals or individuals receiving earned income benefits shall be in the form of documentation from the tax year preceding the date of the qualifying crime or during the year of the qualifying crime received from the California Franchise Tax Board (FTB). If FTB cannot provide documentation, the documentation will be required from the Social Security Administration, California Employment Development Department, the Board of Equalization, or the individual's applicable government tax agency.(f) If the qualifying crime occurred at the individual's work place, in addition to either (d) or (e), documentation from a workers' compensation carrier or Uninsured Employer's Benefits Trust Fund showing benefits paid or available and the duration of payment must be submitted.(g) The treating medical or mental health provider may verify disability within the scope of his or her licensure. A statement of disability provided by the treating medical or mental health provider should contain sufficient information to verify the disability period that is a direct result of the qualifying crime and shall include information concerning the current diagnosis, prognosis for recovery, the extent and expected duration of the disability, and certification that the disability resulted directly from the qualifying crime. (1) For physical injuries, a disability statement may come from the following treating providers: medical doctor, osteopath, optometrist, dentist, podiatrist or a chiropractor. If a chiropractor provides the disability statement, it will only be accepted for the period of time the chiropractor is providing treatment.(2) For emotional injuries, a disability statement may come from any treating licensed social worker, licensed marriage family therapist, licensed clinical psychologist or treating psychiatrist for a disability period of six months. When the total disability period exceeds six months, the disability statement must be completed by a treating licensed clinical psychologist or psychiatrist.(3) When a disability statement pursuant to subsection (h) is not available or does not contain sufficient information to verify the disability period, the Board may consult the following sources to verify a disability time period to ensure the disability time period is appropriate, including but not limited to: * The Medical Disability Advisor: Workplace Guidelines for Disability Duration (most recent edition)
* WebMD
(h) The maximum income loss cannot exceed the statutory time period in Government Code section 13957.5, even if there are gaps in the victim's disability, or other reimbursement sources which partially or fully cover any income or support loss.Cal. Code Regs. Tit. 2, § 649.32
1. New section filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
2. Repealer and new subsection (g) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).
3. Amendment filed 6-28-2012; operative 7-28-2012 (Register 2012, No. 26).
4. Amendment filed 8-12-2014; operative 10-1-2014 (Register 2014, No. 33). Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13957(a)(4) and 13957.5, Government Code.
1. New section filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
2. Repealer and new subsection (g) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).
3. Amendment filed 6-28-2012; operative 7-28-2012 (Register 2012, No. 26).
4. Amendment filed 8-12-2014; operative 10/1/2014 (Register 2014, No. 33).