Principles of Able and Available A claimant must be able to work and be available for work (commonly referred to as “able and available” or “A and A” requirements) to be eligible for benefits. Able to work means that the individual is physically and mentally able to perform work. Available for work means that the individual is ready and willing to accept suitable work.
Ready to Work Readiness is: Being able to accept and start work almost immediately Having: Required tools Licenses Special clothing Equipment Transportation
Willing to Work Willingness to Work is The claimant’s eagerness to become reemployed, measured directly by the claimant’s efforts to seek work Compliance to accept suitable work which the claimant has no good cause to refuse
Determining AA Issues The agency must determine whether or not the claimant had good cause for the claimant’s inability to work, be available for work AND The agency must also demonstrate that the claimant’s potential labor market was not substantially affected
Able and Available Basic Questions and Factors to Consider WHAT ARE THE CLAIMANTS CIRCUMSTANCES? IS THE CLAIMANT WILLING TO WORK? HOW DO THE CLAIMANTS REEMPLOYMENT EXPECTATIONS COMPARE TO THE PICTURE OF THE LABOR MARKET?
RestrictionIs the claimants availability restricted in any way? Claimants should arrange their personal circumstances so that they can immediately accept suitable work. For example, failure to have adequate transportation or child-care arrangements unduly restricts availability for work.
Restriction cont.Self-imposed restrictionssuch as an unreasonableminimum acceptable rateof pay, unwillingness towork all hours customaryfor an occupation, orunwillingness to commutewithin the customarygeographical labor marketarea may substantiallyreduce employmentopportunities.
Removing the Barrier Claimants who have controllable restrictions which adversely affect availability for work according to state law and policy should be given the opportunity to alter their demands. Documentation must show that the adjudicator explained the requirements of the law and if necessary, supplied labor market information to the claimant. The claimants willingness to adjust shows an interest in returning to work.
Claimant’s Availability in the Local Labor Market That potential demand for the claimant’s services in the locality where he or she offers them. A labor market may expand or contract with such factors as the season, weather, economic conditions and consumer demands.
Labor Market pg 2 Labor Market must be described in terms of: Locality Occupational Skills Training Physical Capability Knowledge of Potential Jobs
Burden of Proof The claimant has to show good cause for the restriction The agency has the burden to show that the claimant is not available to a substantial field of employment
Able and Available ISSUESABLE AVAILABLE No experience No transportation to work.Claimant has been ill Work is hazardous.or injured Pays too little. Not enough hours.Chronic health Must join a union.conditions Must have a CDL license. Shift work.Disabled No paid vacations. Claimant is in School. Claimant forgot to go to the interview.