108 Mass. Reg. 7.01

Current through Register 1457, November 26, 2021
Section 7.01 - Unemployed Applicants
(1)Causes of Unemployment. When an application for benefits is based upon need resulting primarily from the applicant's unemployment, the veterans' agent shall conduct an investigation of reasonable thoroughness to determine the causes of the unemployment. The investigation shall include contact with the applicant's last employer and with the state Division of Employment and Training (DET).
(2)Disqualification from Unemployment Benefits. The fact that DET disqualifies the applicant from receiving state unemployment benefits shall not, by itself, constitute a sufficient reason for disqualifying the unemployed applicant from receiving veterans' benefits.
(3)Development of an Employment Plan. The veterans' agent and the employable applicant shall develop an employment plan, and that employment plan should be submitted within 90 days of submission of the application (Form VS-1). The plan shall identify those efforts the applicant is required to make to find employment and shall include:
(a) An employment history for the last two years.
(b) The reason for present unemployment.
(c) The number of weekly job searches required by the veterans' agent, and those job search lists shall be verified by the veterans' agent on at least a bi-weekly basis.
(d) The name of any employment counseling agencies the applicant will be required to attend and the required frequency of such attendance.
(e) The identity of any training programs or courses the applicant may need to find employment.
(f) The types of networking efforts the applicant will undertake to find employment.
(g) The veterans' agent's best estimate of when the applicant will be able to find employment with due consideration for the applicant's skills, age, health, financial circumstances, and job market conditions.
(h) An applicant's failure to follow the employment plan may be cause to find the applicant voluntarily unemployed as per 108 CMR 3.06(1)(b) and uncooperative as per 108 CMR 8.05(1).
(4)Employability of the Applicant. The veterans' agent shall deny further veterans' benefits to employable applicants who refuse, without good cause, to accept any bona fide offer of employment for which they are reasonably qualified based on their skills, training, physical condition and present circumstances. Notwithstanding the foregoing, applicants may be required to accept minimum wage employment.
(5)Unemployability for Medical Reasons.
(a) If an applicant claims to have left previous employment for medical reasons, the veterans' agent shall obtain from the applicant's physician a statement setting forth the following:
1. his or her diagnosis,
2. prognosis,
3. prescribed treatment, and
4. appraisal of the applicant's ability to work.
(b) Applicants may be required to undergo an independent evaluation by a doctor chosen by DVS.
(c) The veterans' agent also shall gather information from the applicant's former employer on the applicant's working conditions while employed.
(d) Unless prevented from doing so by medical reasons, the eligible employable applicant personally should pick up his or her veterans' benefits checks.

108 CMR 7.01