Current through Register Vol. 54, No. 45, November 9, 2024
Section 411.11 - Filing procedures(a) A claim may be filed by a person eligible under the act and § 411.3(a) (relating to persons eligible for compensation).(b) A claim shall be filed within the prescribed time frame under section 702(b) of the act (18 P. S. § 11.702(b)).(c) A claimant may request compensation by completing and submitting OVS's official claim forms to OVS.(d) A claim may be filed by mail, in person or electronically. If filed by mail, a claim is deemed filed on the date it is postmarked. If filed by electronic means or in person, it is deemed filed on the date received by OVS.(e) When OVS receives a claim, a claim number is assigned and the data is entered into OVS's records.(f) In determining whether the direct victim or intervenor complied with the act's requirement of reporting the crime to proper authorities within the prescribed time period after the occurrence of the crime, the following apply: (1) Proper authorities may include a law enforcement officer; district attorney or other applicable prosecutorial authority; district justice; military police; campus police; United States Postal Inspection Service; appropriate hospital security; probation and parole officer; child protective services; adult protective services or, in the case of a PFA order, the prothonotary or equivalent authority. If the crime occurs in a foreign country, a proper authority includes the United States consulate.(2) OVS may consider a delay past the prescribed time period to be justified when one of the following circumstances exist:(i) The direct victim, intervenor or claimant is mentally or physically incapacitated.(ii) The victim is a minor.(iii) There is a fear of retaliation.(iv) The occurrence of the crime is not readily apparent.(v) Other circumstances when good cause is shown by the claimant.(g) In making the determinations discussed in subsections (b) and (f) for claims where the occurrence of the crime is not readily apparent, OVS may deem the prescribed time periods to begin to run on the date and time that the person with the obligation to report the crime or file the claim has knowledge that a crime occurred.(h) Claimants do not have to wait until a PFA becomes final to file a claim. In the process of verifying a claim, OVS will confirm the disposition of a final PFA order.(i) If a temporary PFA order is issued and the claimant chooses not to pursue a final order, OVS will consider the PFA order withdrawn and deny the claim unless OVS determines the withdrawal to be justified. OVS may consider the withdrawal of a PFA justified when one of the following circumstances exist:(1) The direct victim, intervenor or the claimant is mentally or physically incapacitated.(2) There is a fear of retaliation.(3) Other circumstances when good cause is shown by the claimant.(j) Subsections (h) and (i) only cover the filing of an initial PFA. If there is a violation of a PFA involving an otherwise eligible crime, the crime shall be reported within the prescribed time frame set forth under section 707(a)(3) of the act (18 P. S. § 11.707(a)(3)) in a timely manner to the proper authorities, which may include filing of a private criminal complaint, to be considered for compensation payments.(k) When requested by OVS, the claimant shall submit copies of documents that are needed to process the particular type of claim, which include the following: (1)Medical treatment expenses. (i) Itemized bills in the name of the claimant showing the name, address and telephone number of the provider, dates of service, type of service performed and the amount charged for each service.(ii) Insurance benefit statements indicating payments or rejection.(iii) Canceled checks, verification from a medical provider or receipts for any medical bills related to the injury that were paid by the direct victim, intervenor or claimant.(iv) Written justification if the direct victim or intervenor is covered by an insurance plan or Medical Assistance, but did not utilize the prescribed coverage, such as that the direct victim or intervenor could not obtain the required care, could not maintain ongoing care from a previous provider, travel considerations or other circumstances when good cause is shown by the claimant.(2)Funeral expenses. (i) Certified death certificate.(ii) Itemized funeral bills in the name of the claimant for which the claimant is responsible.(iii) Canceled checks, receipts or verification from a provider for funeral bills relating to the death that were paid by claimant.(iv) Statements for benefits or payments received by the claimant as a result of the death of the direct victim or intervenor, such as life insurance or Social Security death benefits.(3)Loss of earnings.(i)Stolen money.(A) Statements for the month of the crime of payments such as Social Security, retirement, pension, disability, court-ordered child support or court-ordered spousal support.(B) Federal tax returns as filed, including all schedules if applicable, for the years requested or a signed statement that the claimant is not required to file a tax return.(C) Documentation of the homeowner's or renter's insurance coverage.(ii)Loss of wages. (A) Pay stubs or other earnings records for periods immediately prior to the loss. If not obtainable, withholding statements and Federal tax returns as filed, including schedules, if applicable, for the years requested, or a written statement that Federal tax returns were not filed.(B) Full name and complete address of claimant's employer.(C) Full name and complete address of a physician or psychologist who will certify the existence, duration and cause of the disability.(4)Loss of support. (i) Certified death certificate.(ii) Full name and complete address of employer of the deceased.(iii) Federal tax returns as filed, including schedules, if applicable, for the years requested, or a written statement that Federal tax returns were not filed. If unavailable, pay stubs, withholding statements or other earnings records for periods immediately prior to the injury.(iv) Statements for benefits received as a result of the death of the direct victim or intervenor, such as life insurance, Social Security, veterans' benefits or survivor benefits.(v) Documents that demonstrate financial dependency, including birth certificates, support orders or Federal tax returns as filed.(vi) Guardianship papers, when applicable.(5)Counseling expenses.(i) Itemized bills in the name of the claimant showing the name, address and telephone number of the provider, dates of service and the amount charged.(ii) Insurance benefit statements indicating payments or rejection.(iii) Canceled checks, verification from a provider or receipts for any counseling bills related to the injury that were paid by the direct victim, intervenor or claimant.(iv) Written justification if the direct victim or intervenor is covered by an insurance plan or Medical Assistance, but did not utilize the prescribed coverage, such as that the direct victim or intervenor could not obtain the required care, could not maintain ongoing care from a previous provider, travel considerations or other circumstances where good cause is shown by the claimant.(v) The following information establishing the claimant's relationship to the direct victim, the claimant witnessing the crime or the claimant's discovery of the homicide victim: (A)Witness. If the witness is not listed in the police report obtained by OVS, a written statement provided by someone who could substantiate that the witness was at the scene, preferably written by someone named in the police report.(B)Relative of direct victim. A copy of a birth certificate, if applicable, or other identifiable information acknowledging the relationship to the direct victim.(C)Individual engaged to the direct victim. An engagement announcement or a copy of the application for a marriage license. If either is unavailable, a written statement from the engaged individual plus a written statement from a family member acknowledging the intent of the union.(D)Shared household. A copy of a document, such as a bill or lease or mortgage agreement that indicates the same address for the direct victim and the victim or claimant filing for counseling expenses.(E)Individual who discovers homicide body. A police report.(F)Individual responsible for the direct victim's welfare. Foster parent documentation, guardianship papers or other documentation showing that the claimant filing for counseling is an individual responsible for the direct victim's welfare.(6)Crime-scene cleanup expenses.(i) Itemized bills and receipts in the name of the claimant related to the crime scene cleanup for which the claimant is responsible.(ii) Cancelled checks, receipts or verification from a provider for bills related to the crime scene cleanup.(iii) Documentation of homeowner's or renter's insurance coverage.(7)Relocation expenses. (i) Itemized bills and receipts related to the relocation for which the claimant is responsible.(ii) Cancelled checks, receipts or verification from a provider for bills related to the relocation.(iii) A verification letter from a human service agency, law enforcement or medical provider explaining the immediate need for relocation.(8)Miscellaneous expenses.(i) Itemized bills and receipts in the name of the claimant for which the claimant is responsible related to the miscellaneous expense.(ii) Cancelled checks, receipts or verification from a provider for bills related to the injury.(l) The claimant shall provide OVS with information pertaining to payments received or to be received by another source as a result of the injury, including restitution payments, workers compensation, insurance benefits or awards or settlements in a civil action.(m) If a minor or incapacitated person has more than one guardian, OVS will determine the appropriate party for filing a claim on behalf of the minor or incapacitated person.(n) If the direct victim or intervenor dies while a nonhomicide claim relating to that direct victim or intervenor is being processed, OVS may substitute the executor or administrator of the direct victim or intervenor and complete the processing of the claim. A claim may not be filed by the estate of a direct victim or intervenor.(o) The claimant may request a supplemental award by submitting additional out-of-pocket expenses or losses at any time after the initial claim, provided that the claimant has not received the maximum award payable by law. OVS will verify out-of-pocket expenses and losses submitted for a supplemental award to determine that they directly relate to the original crime.