reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.06 - Secretary's Discretion in Determining Eligibility for Benefits

Current through Register 1525, July 5, 2024
(1)
Discretionary Disqualification
. The veterans' agent may, and only after consulting with the DVS authorizer responsible for reviewing that agent's cases, disqualify the following categories of persons from eligibility for benefits. In all cases, the Secretary has the authority to waive the disqualification.
(a) A veteran who has neglected to support his or her dependents.
(b) A veteran, or the dependent of a veteran, whose voluntary unemployment or continuous unwholesome habits has produced the need for benefits.
If all the circumstances of the case, including age, physical condition, skills, length of time unemployed, economic conditions, etc., indicate that the applicant has not made, or is not making a good faith effort to obtain any type of employment for which he or she is reasonably suited, the local veterans' agent shall determine that the applicant is voluntarily unemployed.
When recipient's benefits are to be terminated because of neglect to support his or her dependents, voluntary unemployment or continuous unwholesome habits, the veterans' agent shall send a Notice of Intent to the applicant at least 14 days before the issuance of a Notice of Action in accordance with 108 CMR 8.02 and 8.03. If the veteran's behavior continues to be inadequate, the veterans' agent shall send a Notice of Action in accordance with 108 CMR 8.06.
(c) A veteran who has received a dishonorable discharge from a National Soldiers' or Sailors' Home or from a Soldiers' Home in Massachusetts.
(d) Unless the veterans' agent and the Secretary both decide otherwise, the fact that an applicant has a criminal conviction will not automatically disqualify the applicant.
(e) A veteran whose need for benefits is solely the result of his or her willful acts.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.07 - Supporting Documents for Benefits Application

Current through Register 1525, July 5, 2024
(1) The applicant shall submit to the veterans' agent, who shall submit to DVS, supporting documents to verify the military service, dependent status, marital status, income, school enrollment verification, and other categories as listed in 108 CMR 3.07:
Table 1
. The veterans' agent shall send legible copies of these documents, and any other documents requested by the authorizer to DVS.
(2) The veteran's agent shall submit to DVS written verification of the full-time status of a student in each February and October that a child over the age of 18 is attending high school, college, or other institution of higher learning. For children under the age of 18 written verification of student status shall be submitted with the January update.
(3) Requests for reimbursement of any services rendered to or on behalf of a recipient must be accompanied by the following:
(a) Receipt on bill provider's letterhead.
(b) Names, addresses of providers and license numbers where applicable.
Table 1
Applicant
Documents
Separated veteran
Separation decree
Order for separate maintenance
Order for support
Spouse of a veteran
Marriage certificate
Child of a veteran
Birth certificate or adoption record with name of eligible veteran as parent
Widow/widower of a veteran
Marriage certificate Death certificate
Child of a deceased veteran
Birth certificate or adoption record with name of eligible veteran as parent Death certificate
Parent of a veteran
Birth certificate of veteran with name of parent
Person in place of parent to a veteran
Public record or statements from the veteran or other knowledgeable people, showing that the applicant stood in place of a parent to the veteran for five years immediately preceding the veteran's wartime service
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 4.00 - Interview And Application Procedure › Section 4.02 - Application Procedures

Current through Register 1525, July 5, 2024
(1)
Right to File an Application
. Every veteran and dependent of a veteran with proof of such status, has a right to file an application for veterans' benefits. If the applicant exercises this right, an application must be taken by the veterans' agent. This right to file shall not be confused with a right to receive benefits.
(2)
Legal Requirements for Application
. An applicant for veterans' benefits is required by M.G.L. c. 115, § 4 to file with a veterans' agent in the city or town wherein he or she resides a written application on a form prescribed by the Secretary.
(3)
Form of Application
. An application for veterans' benefits shall be made on Form VS-1, with the exception of are application for benefits. After the previous application has been inactive for a period of up to six months, and so long as there has been no change in circumstances other than the applicant's financial needs, the reapplication may be made on Form VS-21A.
(a) Recipients shall complete a new Form VS-1 after three consecutive years in receipt of veterans' benefits.
(b) The original initialed and signed application and reapplication shall be forwarded to the Secretary.
(c) Each January, recipients shall provide proof of income and shelter expenses, which shall be forwarded to DVS.
(d) Information provided on an application shall be either typed or printed legibly.
(e) The date which appears on the application shall be the date of the applicant's first contact with the veterans' agent.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 4.00 - Interview And Application Procedure › Section 4.03 - Computer Match Program

Current through Register 1525, July 5, 2024
Upon the written request from any veterans' agent, DVS shall verify by the Massachusetts Department of Revenue computer linkup whether any applicant for or recipient of veterans' benefits is in receipt of wages or has a bank account, or is delinquent in child support payments. DVS shall also verify whether said applicant or recipient is in receipt of transitional assistance. Requests shall include the applicant's or recipient's name, social security number, and other data required to assure identification.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 4.00 - Interview And Application Procedure › Section 4.04 - Privacy Concerns

Current through Register 1525, July 5, 2024
(1)
Notification to Applicants
. In accordance with M.G.L. c. 66A, every applicant who applies for veterans' benefits must be informed that information contained in the application (Form VS-1) for veterans' benefits may be submitted to the Department of Revenue and Department of Transitional Assistance for the purpose of determining whether they are in receipt of wages, whether they hold bank accounts, and whether they are delinquent in child support payments.
(2)
Consent Notice
.
(a) The veterans' agent shall give each applicant a Computer Match Consent Notice which the applicant, and any other adult individual for whom benefits are being requested, shall sign and date.
(b) Each time a person applies or reapplies for benefits, this process must be repeated.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 5.00 - Determination Of Benefits › Section 5.02 - Budget Standards

Current through Register 1525, July 5, 2024
(1)
Application of Budget Standards
. In preparing budgets for applicants and recipients, the veterans' agent shall follow standards outlined in the chart at 108 CMR 5.02(2), and use the amounts provided in the Secretary's current Budget Amounts directive. DVS will not authorize or reimburse the amount by which benefits exceed these standards unless DVS has first approved the excess.
(2)
Budget Standards Chart
. Budgets shall be calculated by using the standards 108 CMR 5.02: Table 2 in combination with the Secretary's Budget Amounts directive.
TABLE 2
BUDGET 1 Applicant Alone
Applicant Alone
Single Person Benefits
(a) Paying rent/mortgage or mortgage-free home
Shelter allowance
(b) Not paying rent/mortgage per 108 CMR 5.02(3)(b)
No shelter allowance
(c) Paying rent/mortgage with children
Shelter allowance plus children's allowance for each child
Applicant's share not to exceed budget standard
Fuel allowance for number of rooms
(d) Sharing expenses per 108 CMR 5.02(3)(a)
(e) Any of (a), (c) or (d) above paying fuel per 108 CMR 5.02(2)(10)
BUDGET 2 Applicant and Spouse
Living Together
Receives Married Applicant Benefits
(a) Paying rent/mortgage or mortgage-free home
Shelter allowance
(b) Not paying rent/mortgage per 108 CMR 5.02(3)(b)
No shelter allowance
(c) Paying rent/mortgage with children
Shelter allowance plus children allowance for each child
(d) Sharing expenses per 108 CMR 5.02(3)(a)
Applicant's share not to exceed budget standard
(e) Any of (a), (c) or (d) above paying fuel per 108 CMR 5.02(2)(10)
Fuel allowance for number of rooms
BUDGET 3 Institutional Resident
Residents of institutions as defined in 108 CMR 2.02, "Institution"
Receives Institutional Budget only, per 108 CMR 5.02(11)
BUDGET 4 Transitional Housing Resident
Residents of Transitional housing as defined in 108 CMR 2.02, " Transitional Housing"
Receives Transitional Housing Budget, per 108 CMR 5.02(12)
BUDGET 5 Medical Only Budget
Applicants or recipients of only medical benefits eligible for a medical budget per 108 CMR 5.02(13)
(3)
Sharing Shelter Expenses
.
(a) If at the time of an application, an applicant or recipient can submit proof that he or she is in fact sharing shelter and fuel expenses with one or more persons, that applicant receives a shelter allowance. For items that pertain to household such as rent and fuel, expenses shall be apportioned among all paying members of the household. The benefit paid to the applicant shall not exceed the maximum amount in the Secretary's Budget Amounts directive. Acceptable forms of proof include, but are not limited to leases, mortgage bills, cancelled checks, bank statements, money order receipts, and tax returns.
(b) If an applicant moves into an apartment or home, and cannot prove that he or she is in fact sharing expenses, then he or she shall not be entitled to a shelter allowance or fuel allowance.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 6.00 - Alternative Sources Of Income › Section 6.01 - Deduction of Alternative Sources of Income

Current through Register 1525, July 5, 2024
(1)
General Rule
. Except as provided otherwise by statute or regulation, the veterans' agent shall offset the applicant's needs budget with alternative sources of income.
(2)
Applicant's Obligation to Report Income
. The veterans' agent shall inform the applicant of his or her obligation to report to the veterans' agent all income received from all other sources, including but not limited to merchandise or services received in lieu of money, and credit card advances while receiving veterans' benefits.
(3)
Applicant's Obligation to Utilize Alternative Sources of Income
. As a prerequisite of eligibility to receive benefits, the veterans' agent shall require that the applicant file applications and submit documentation thereof to receive any and all alternative types of benefits available to him or her. Alternative sources include but not limited to: VA compensation, VA non-service pension, Social Security, railroad retirement, Supplemental Security Income, workmen's compensation or private pension plans. Proof of application for those alternative benefits must be submitted to DVS. If the availability of such other benefits arises after the applicant has begun receiving veterans' benefits, the veterans' agent shall require the applicant to immediately file appropriate applications. The veterans' agent shall require the applicant to execute an assignment or agreement to reimburse as the circumstances may require under 108 CMR 6.04. The veterans' agent shall explain the meaning of these documents to the applicant. Copies of these must be submitted to DVS with the Form VS-21A.
(4)
Types of Exempt Income
.
(a) A veteran's income from annuities received under the provisions of M.G.L. c. 115, § 6B, shall not be counted as income to be deducted in determining veterans' benefits.
(b) Money which an applicant has received from the United States or the Commonwealth as a "bonus" for military service or enrollment shall not be considered as income to be deducted in determining benefits.
(c) Earned income of children attending high school shall not be counted.
(d) Earned income for children attending college shall not be counted.
(e) Payments made to an applicant from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the
In Re Agent Orange Product Liability Litigation
, M.D.L. No. 381 (E.D.N.Y.) and the Radiation Exposure Compensation Program shall not be considered income in determining veterans' payments.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 6.00 - Alternative Sources Of Income › Section 6.04 - Assignments

Current through Register 1525, July 5, 2024
(1)
General Authority for Mandatory Assignment
. Where the applicant's need for veterans' benefits is a result of the unemployment, accidental disability or illness of the applicant, and monetary remuneration is available to the applicant in the form of workmen's compensation, accident or health insurance, or damages resulting from legal action in tort, the veterans' agent shall take an assignment of that remuneration. The assignment operates as a lien on the monetary remuneration up to the total amount of veterans' benefits paid to, or on behalf of, the applicant. The veterans' agent may en force the lien or assignment by filing a petition in the district court for the city or town through which the benefits payments are made.
(2)
General Notification of Assignment
. The veterans' agent shall send a copy of the assignment to the applicant's attorney, to the prospective defendant's insurance company, and, if pertinent, to the Industrial Accident Board. The copy sent to the insurance company and lawyer shall be by certified or registered mail, return receipt requested.
(3)
Settlement of the Assignment
.
(a) In assignment cases where an offer is made to settle the applicant's claim, the veterans' agent shall consider all relevant facts and circumstances in deciding whether the offer is acceptable and shall make an appropriate written recommendation to DVS.
(b) The recommendation shall be accompanied by a report which states the reasons for the veterans' agent's recommendation, as well as the type of claim assigned and the amount of the proposed settlement, including all authorized deductions. The authorized deductions are those bills directly related to the assigned claim, such as physician and hospital charges, and attorneys' fees. Such deductions shall not include charges incurred before the date of the claim. The report shall indicate whether there has been any voluntary reduction of these charges by the parties involved. The report also shall mention any hardship factors present in the case.
(c) It is the general rule that full reimbursement shall be obtained in the settlement of assignment cases. However, in cases where full reimbursement is likely to create hardship, the veterans' agent may recommend, with the supporting evidence, that less than full reimbursement be accepted in settlement of the assigned claims. The recommendation of the veterans' agent shall not be implemented without the prior approval of DVS.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.01 - Unemployed Applicants

Current through Register 1525, July 5, 2024
(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).
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.02 - Self-employed Applicants

Current through Register 1525, July 5, 2024
(1) The review shall include a report signed under penalties and perjury, by either the applicant or the auditor, or a person responsible for handling the company books. Based on all the facts, the Secretary will determine eligibility before any benefits are paid. The fact that a business expense is reported as tax deductible, shall not be conclusive evidence that it is a legitimate business expense for the purpose of determining the applicant's income.
(2) The veteran's agent shall also require applicants whose self-employment efforts have failed to generate income which, is adequate enough to afford them sufficient relief or support, and who have no foreseeable prospects of generating income, to complete an employment plan and conduct job searches as required by 108 CMR 7.01(3) and (4) as a condition of receiving benefits.
(3) However, under no circumstances will veterans' benefits subsidize a business.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.03 - Applicants Participating in a Substance Abuse or Other Rehabilitation Program

Current through Register 1525, July 5, 2024
(1)
Veterans' Agents Handling of These Cases
.
(a) The veterans' agent shall handle a benefits application from an applicant participating in a substance abuse or other rehabilitation programs in the same manner as any other application. Prior to making a recommendation on benefits payments to the applicant, the veterans' agent shall discuss his or her substance abuse or other problem with the applicant. In substance abuse cases and before making a favorable recommendation, the veterans' agent shall have a reasonable belief that the applicant recognizes his or her substance abuse problem and has a sincere desire to be rehabilitated.
(b) On the basis of the veterans' agent's initial favorable recommendation, benefits shall begin immediately and continue for a period of two months. At the end of that period, the veterans' agent shall review the case and make further recommendations. In the ongoing management of these cases, the veterans' agent shall bear in mind that the substance abuse or other rehabilitation process frequently is marked by repeated false starts which may require successive renewals of the applicant's benefits.
(c) The veterans' agent shall closely supervise cases involving applicants undergoing substance abuse rehabilitation. Once the applicant has been returned to good physical health, the veterans' agent shall encourage and assist the applicant in completing his or her rehabilitation through work with various social service agencies.
(d) The veterans' agents shall endeavor to educate and familiarize themselves with the medical, social and emotional factors surrounding the problem of substance abuse, the other social services agencies which attempt to meet the special needs of substance abusers, and the particular facilities which offer substance abuse rehabilitation programs.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.04 - Applicants Attending School

Current through Register 1525, July 5, 2024
(1)
College or University
. DVS shall not reimburse the payment of ordinary living expenses to an applicant who voluntarilyre moves him self or herself from the labor market in order to attend a course of instruction at a college or university. DVS may reimburse the payment of such expenses if the applicant is attending a part-time course of instruction and not voluntarily unemployed per 108 CMR 3.06(1)(b)  and on a showing of need. DVS may reimburse payments for emergency medical expenses.
(2)
High School
. In order to encourage an applicant to obtain a high school diploma, DVS may reimburse necessary payments made to supplement the applicant's veterans' assistance allowance. Whether or not such supplementation is provided, DVS shall consider payments for emergency medical expenses.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.05 - Applicant's Absence from the Commonwealth

Current through Register 1525, July 5, 2024
The veterans' agent shall not suspend the payment of benefits to an applicant until that applicant has been absent from the Commonwealth for longer than seven days. The applicant shall notify the veterans' agent upon departing from and returning to the Commonwealth for periods longer than seven days.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.06 - Emergency Services to Homeless Veterans

Current through Register 1525, July 5, 2024
In cases where a homeless person applies for assistance to a city or town veterans' services department and states that he or she is a veteran as defined in M.G.L. c. 4, § 7, clause forty-third, but does not have in his or her possession the supporting documents to prove his or her veteran's status, the veterans' agent shall try to obtain as much corroborative information from the applicant as possible. If in the judgment of the veterans' agent, it appears that the applicant's claim of veteran status is credible and if the need for immediate assistance is extreme and critical, the veterans' agent may issue a voucher to obtain shelter and related necessities, rather than wait until the required documents are obtained. The veterans' agent shall inform the applicant that acceptance of the emergency grant shall not entitle the applicant to any additional payments unless the veterans' agent determines that the applicant is otherwise qualified for benefits pursuant to M.G.L. c. 1 1 5 and 108 CMR 7 .00. The veterans' agent shall inform the applicant that in no event shall the emergency payment exceed one month's benefits. The veterans' agent must notify the Secretary at the time of processing an emergency application or on the next business day.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.07 - Services to Prevent Homelessness

Current through Register 1525, July 5, 2024
(1)
Mortgage Arrearages
.
(a) An applicant or recipient who is three or more months in arrears, and otherwise eligible for ordinary or fuel benefits, shall be eligible for residential mortgage arrears so long as he or she provides the veteran's agent with specific reasons supporting said payment. The applicant or recipient shall also submit proof that he or she has used all alternative sources of income and assets and said payment is pre-approved by the Secretary. Any benefit paid in this respect shall be limited to principal, interest, and any assessed fees. The recipient shall be required to submit verification of his or her arrearages. No more than one such payment shall be made to an applicant or recipient in any given three-year period.
(b) For any mortgage arrears over $2,000 the veterans' agent shall execute a repayment agreement which shall be secured as a lien against the applicant's property in the appropriate Registry of Deeds, and shall be enforced if the property is sold within three years of the date of recording the lien. After three years of the recording of the lien, the lien shall become dissolved.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.08 - Utility Arrearages

Current through Register 1525, July 5, 2024
Applicants and recipients who are three or more months in arrears in water and sewer, gas, electric, or oil bills shall be eligible for emergency payments in order to prevent the dwelling from becoming uninhabitable. Such applicant or recipient shall provide the veterans' agent with specific written reasons supporting such arrearages, and verification of same. Such arrearage payment shall be limited to one in any given three year period, unless the Secretary decides otherwise, and only after the applicant and veteran's agent have made every effort to secure a payment plan with the utility company.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.09 - Emergency Home Repairs

Current through Register 1525, July 5, 2024
(1)
Repairs Under $500
. A veterans' agent may grant up to $500 to applicants or recipients when the veteran's agent has verified the costs of emergency repairs to the applicant's owner-occupied dwelling or residence to protect the health, welfare and safety of the applicant.
(2)
Repairs Over $500
. The veterans' agent, with prior DVS approval, shall grant payments for emergency repairs to the applicant's owner-occupied residence or dwelling to protect the applicant's health, welfare and safety in amounts over $500. For any repairs expected to cost over $1,000, the agent shall ascertain that the applicant has pursue d all reasonable alternative resources and the veterans' agent shall obtain three quotes. For any improvement over $2,000, the veterans' agent shall execute a repayment agreement which shall be secured as a lien against the applicant's property in the appropriate Registry of Deeds, and shall be enforced if the property is sold within three years of the date of recording the lien. After three years of recording the lien, the lien shall become dissolved.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.10 - Catastrophe

Current through Register 1525, July 5, 2024
In the event that fire, flood, windstorm or any other natural disaster or catastrophe causes a loss of the applicant's dwelling, or otherwise creates unusual hardship for the applicant, the veterans' agent shall take immediate action to provide necessary food, shelter and clothing for the applicant. After the immediate emergency needs are met, the veterans' agent and DVS staff shall direct the applicant to the appropriate local, state, or federal authorities for further assistance.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances › Section 7.11 - Moving and Transportation Assistance

Current through Register 1525, July 5, 2024
Moving and transportation assistance is provided to recipients who meet the following criteria. The recipient must have a significant social, medical, or financial problem which may be alleviated by moving or travel; be eligible for veteran's benefits; have insufficient resources for such moving and transportation assistance; not previously been in receipt of moving assistance.
(1)
Moving and Transportation within the Commonwealth
.
(a)
Moving Assistance
. The veterans' agent must obtain DVS prior approval before granting benefits for moving an applicant's furniture, house hold goods, and personal possessions. The veterans' agent's request must include documented need and eligibility in accordance with the criteria in 108 CMR 7.11(1) through (4). The move must be conducted by a duly certified carrier or mover after the veterans' agent has obtained three quotes. Transportation assistance may be granted with prior approval by the most economical means.
(b)
Transportation Assistance to Medical Appointments
. A recipient who is medically unable, as documented by a physician, to drive himself or herself; or who is not a licensed operator or who does not own his or her own vehicle; and who certified that he or she has exhausted all affordable alternative transportation which he or she can afford, may receive transportation assistance to medical appointments. The veterans' agent must obtain prior approval from the Secretary.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.01 - Investigations

Current through Register 1525, July 5, 2024
(1)
Agent's Responsibility
.
(a) In order to ensure the proper level of benefits are paid to the recipient, the veterans' agent has the legal responsibility to conduct periodic investigations into the applicant's eligibility and need for such benefits. The purpose of the investigation is to assess changes in the applicant's need for financial assistance, his or her own ability to meet those needs and his or her eligibility for veterans' benefits. Hearsay information on the applicant's reputation or the unsupported opinions of the veterans' agent shall not be a sufficient basis for the disqualification of an applicant.
(b) The veterans' agent shall not rely on information gathered by any other party in preparing recommendations on the continuation of benefits to the applicant. If the veterans' agent does rely on such information and it is subsequently determined that benefits have been paid contrary to statute or regulation, DVS shall not provide reimbursement for such payments.
(c) The veterans' agent shall respond to all inquiries from DVS concerning the needs of the applicant, his or her work history or ability to work, his or her financial status, and any other information concerning the applicant's compliance with 108 CMR 8.00. Failure to respond in a timely manner may result in disallowance of benefits. The Secretary may approve benefits contingent upon the veterans' agent responding to the Secretary's request for information. Any failure to respond within either a designated period or with the next regular submission of requests for authorization shall be deemed untimely. The recipient shall fully cooperate with the veterans' agent pursuant to the Secretary's request for information.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.02 - Notice of Intent

Current through Register 1525, July 5, 2024
Notices of Intent shall be sent to recipients when benefits are to be suspended or terminated because of neglect to support dependents, voluntary unemployment, or continuous unwholesome habits in accordance with 108 CMR 3.06(1) (a) and (b) or non- cooperation as per 108 CMR 8.05. The veterans' agent shall use a form prescribed by the Secretary, and shall set forth every specific factual reason for the intended action. The Notice shall include facts as to the activities or failure of activities in which the recipient has engaged, and shall state that the recipient's continued failure will result in the issuance of a Notice of Action within 14 days of the Notice of Intent in accordance with 108 CMR 8.03.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.03 - Notice of Action

Current through Register 1525, July 5, 2024
(1) When the veterans' agent denies, changes, or terminates benefits, he or she shall mail or deliver a Notice of Action to the applicant on a form prescribed by the Secretary containing the following information:
(a) the date the Notice of Action was mailed or delivered
(b) the effective date of the denial, termination, or change in benefits
(c) a statement of the intended action
(d) the sufficient facts in support of every reason for the intended action
(e) a reference to the regulation supporting such action
(f) a statement of the right to request a fair hearing
(g) the circumstances under which assistance is continued if a hearing is requested.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.04 - Payment Pending Appeal to Secretary

Current through Register 1525, July 5, 2024
(1) If an applicant or recipient whose benefits are to be denied or terminated disputes the facts of his or her eligibility or amount of benefits, then benefits shall be continued until a DVS hearing has been held pursuant to 801 CMR 1.02 (Fair Hearing Regulations,) and a written decision issued. Conversely, if there is no dispute in material facts relating to the recipient's eligibility for or amount of benefits, then benefits shall stop until a favorable written decision is rendered. Any party aggrieved by a DVS decision shall have the right of further review by filing a timely appeal with the Division of Administrative Law Appeals (DALA.)
(2) The decision of the DVS hearing officer to uphold the reduction, termination or denial of benefits shall take effect in accordance with a written decision. An appeal to DALA shall not stay the decision unless the DVS hearing officer grants a stay.
(3) DVS may recover benefits under certain circumstances involving an appeal.
(a) If benefits are paid because the applicant appealed, and such appeal is denied, or if the Secretary grants such an appeal and the decision is subsequently reversed by DALA, DVS may recover the amount of all benefits that were paid pending the outcome of the appeal.
(b) The applicant has the right to waive receipt of benefits pending appeal. Upon successful appeal, the applicant shall be paid the amount he or she would have received for the period pending the appeal.
(c) If the Secretary decides to recover the amount of benefits paid pending appeal, his or her decision will include the amount of money owed by the applicant and a statement informing the applicant that the recipient has the right to request a waiver subject to the provisions of 108 CMR 8.07(3).
(d) If a veterans' agent fails to pay benefits ordered in a decision following an appeal, the Secretary shall request that the Treasurer of the Commonwealth be informed of such refusal or failure and thereafter such benefits shall be paid to the applicant by the Commonwealth. If the Commonwealth shall be called upon to pay such benefits on behalf of any city or town, the total of any such benefits paid in any such calendar year shall be assessed upon such city or town, or deducted from funds that may be due such city or town from the Commonwealth.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.05 - General Rule for Cooperation

Current through Register 1525, July 5, 2024
(1) The applicant or recipient of benefits is required to reasonably cooperate with the veterans' agent and DVS in the processing of his or her application and maintaining his or her eligibility. Such cooperation shall include, but is not limited to, giving his signed consent for medical treatment, physical or mental examinations, power of attorney to examine VA records, court records, tax or financial records, and investigation of efforts to obtain employment pursuant to 108 CMR 7 .01(3 ) and (4 ). The veterans' agent shall determine what constitutes reasonable cooperation on the basis of the facts peculiar to each case.
(2) Where the veterans' agent feels that the applicant or recipient is not providing reasonable cooperation, he or she shall issue a written Notice of Intent in accordance with 108 CMR 8.02 that failure to cooperate may result in the suspension of benefits payment to the recipient. If the applicant or recipient persists in his or her failure to cooperate, the veterans' agent shall issue a Notice of Action in accordance with 108 CMR 8.03.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.06 - Grounds for Refund

Current through Register 1525, July 5, 2024
(1) The veteran's agent shall mark a case for "Refund" when the veterans' agent determines that there has been fraud or deceit or the recipient fails to, or is unwilling to, honor personal agreements to reimburse pursuant to 108 CMR 6.04(5).
(2) The veterans' agent shall send the applicant or recipient a Notice of Action which terminates benefits, places the applicant or recipient in Refund and states the amount of money for which he or she is in Refund. The veterans' agent shall also send the applicant or recipient a Waiver Advice Form, as prescribed by the Secretary, advising him or her of the right to request a waiver within 14 days of the Notice of Action in whole or in part, on the basis of demonstrated hardship.
(3) Within ten days of receipt, the veterans' agent shall review the applicant or recipient's waiver request along with any supporting documents, within ten days of the waiver request, the veterans' agent shall send it to his or her Authorizer on a Form VS-21A with a recommendation for either granting or denying the waiver .
(a) If the waiver has been denied, the veterans' agent must inform the applicant or recipient in another Notice of Action that he or she may appeal said denial within 21 days to the DVS hearing officer.
(b) Benefits shall cease upon receipt of the waiver request.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.07 - Appeal Procedures

Current through Register 1525, July 5, 2024
(1) An applicant, or authorized representative, may appeal any action taken by a veterans' agent by filing a proper and timely appeal to the Secretary. The appeal must be signed and mailed to DVS within 21 days of the date of the Notice of Action. It may also include any documents or information in support of such appeal.
(2) When DVS receives an appeal, the clerk of the appeals section shall date stamp the letter and docket the appeal.
(3) The hearing officer shall conduct a hearing and report his or her decision, in writing, to the applicant and the veterans' agent. The applicant and veterans' agent shall be notified that the aggrieved party may further appeal, in writing, to DALA by filing an appeal within ten days of the receipt of the decision.
(4) Any party may, with or without supporting affidavits, file a request for summary decision in his or her favor as to all or part of a matter. Such a request shall be called and acted upon as a motion. The motion may be made in writing at any time after issuance of a Notice of Action or it may be made orally during a hearing. A copy of the motion shall be mailed to the opposing party. The motion shall set forth the grounds for the proposed summary decision and contain any affidavits and all relevant documents. Any time within seven days after a written motion is filed, any party may file written objections with or without supporting affidavits and documents to the allowance of the motion and may, if desired, request a hearing. A copy of the written objections shall be mailed to the opposing party. The motion shall be allowed if the hearing officer finds there is no genuine controversy as to any material fact, and the moving party is entitled to a judgment as a matter of law.
(5) If a recipient appeals to DALA, the veterans' agent shall provide financial assistance to the applicant, in an amount not to exceed the actual cost of public transportation to the place of the hearing. In the case of an appeal of the termination or reduction of benefits to DALA, the veterans' agent may, in cases of extreme financial hardship, provide financial assistance to the applicant in an amount not to exceed the actual cost of public transportation to the place of the hearing.
(6) Judicial review of the DALA decision may be had in Superior Court within 30 days after receipt of notice of the decision, in accordance with the provisions of M.G.L. c. 30A.
(7) The hearing officer may find against any party who, without good cause, fails to appear at the hearing or defend his or her action or claim.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.08 - Payments Pending Appeal

Current through Register 1525, July 5, 2024
(1) If a veterans' agent appeals the hearing officer's decision requiring him or her to pay benefits payments, the veterans' agent shall make the payments in accordance with a written decision of the hearing officer pending the DALA appeal. If the agent's appeal is granted, DVS shall reimburse in full for payments made.
(2) If the hearing officer's decision terminates or suspends veterans' benefits and the veterans' agent continues to pay such benefits pending appeal to DALA, notwithstanding the hearing officer's decision to the contrary, and the decision of the hearing officer is upheld by DALA, no reimbursement by DVS will be made.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds › Section 8.09 - Enforcement of Secretary's Decision

Current through Register 1525, July 5, 2024
The Secretary may, by written notice, order a city or town to pay veterans' benefits to an applicant on an application approved by the Secretary. If a city or town refuses or does not make such payment within 14 days from receipt of such notice, the Secretary shall notify the State Treasurer of such refusal or failure and thereafter such benefits shall be paid to the applicant by the Commonwealth. If the Commonwealth shall be called upon to pay any such benefits on behalf of any such city or town, the total of any such benefits paid in any such calendar year shall be assessed upon such city or town or deducted from funds that may be due such city or town from the Commonwealth.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 9.00 - Annuities And Burials › Section 9.01 - Annuities

Current through Register 1525, July 5, 2024
(1)
Eligibility
. An applicant veteran who satisfies the following requirements shall be eligible to receive a special benefit payment in the form of an annuity.
(a) Is a resident of Massachusetts;
(b) Meets one of the service time requirements set forth in 108 CMR 3.02, or has served on active duty in the Armed Forces of the United States for a period of at least 180 days;
(c) Has received any discharge from military service other than a dishonorable discharge.
(d) Meets the requirements for blindness, paraplegia, double amputation or other disability set forth in M.G.L. c. 115, § 6B as so certified by the VA. Proof of service and disability shall be furnished to the Secretary as per M.G.L. c. 115, § 6C;
(e) Is otherwise determined to be 100% disabled as so certified by the VA; or
(f) Is a parent or an un-remarried spouse of a deceased member of the Armed Forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war or insurrection or combat as set forth in 108 CMR 3 .02. The provisions of 108 CMR 9.01(1)(a), (c), and (d) apply to the deceased member whose status forms the basis for the application.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 9.00 - Annuities And Burials › Section 9.02 - Burial Allowance

Current through Register 1525, July 5, 2024
(1)
Eligibility
.
(a) A veterans' agent shall grant a special allowance for the burial of veterans and adult dependents of veterans who die without sufficient means to defray the funeral expenses, and for the burial of dependent children of a veteran if the veteran and his or her spouse, or his or her surviving spouse alone do not have sufficient means to defray funeral expenses. The veteran in whose name the burial allowance is sought shall have satisfied the military service requirements set forth in 108 CMR 3.02.
(b) In addition to the veterans in whose name burial allowances are sought pursuant to 108 CMR 9.02(1)(a), an allowance also shall be granted for the burial of the following persons:
1. A person who served in the Massachusetts State Guard established during World War II and was honorably discharged from such service; and
2. Who died without sufficient means to defrayfuneral expenses. An allowance shall not be granted for the burial of dependents of the persons described in 108 CMR 9.02(1)(b).
(c) A veterans' agent shall not grant a burial allowance to or for the following persons:
1. A person designated on his or her discharge papers as a conscientious objector.
2. A person who at the time of entering the federal service was a subject or citizen of a neutral country, who had filed to become a citizen of the United States and who afterward withdrew such intention under the act of congress approved July 9, 1918.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 10.00 - Medical Care › Section 10.01 - Medical Care

Current through Register 1525, July 5, 2024
(1) Applicants who are recipients of M.G.L. c. 115 benefits requiring medical benefits shall also apply for medical assistance under M.G.L. c. 118E, if eligible.
(2) Veterans' agents shall complete and file applications authorized by the Division of Medical Assistance (DMA) for any veteran, and dependent as defined in 108 CMR 3.05(1)  applying for such medical assistance pursuant to the Secretary's directives.
(3) The veterans' agent shall advise the applicant of the right to M.G.L. c. 115 medical benefits pending approval of his or her M.G.L. c. 118E application. The Secretary may supplement M.G.L. c. 118E medical assistance with medical benefits coverage under M.G.L. c. 115 if the Secretary determines that supplemental coverage is necessary to afford the applicant sufficient relief and support. Benefits paid to an applicant pursuant to M.G.L. c. 115 shall not be considered income for the purposes of determining eligibility under M.G.L. c. 118 E. However, an applicant's annuity benefits under M.G.L. c. 115 § 6B shall be considered income under M.G.L. c. 118E.