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Able and Available
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 CLAIMANT'S
    CIRCUMSTANCES?
   IS THE CLAIMANT WILLING TO
    WORK?
   HOW DO THE CLAIMANT'S
    REEMPLOYMENT EXPECTATIONS
    COMPARE TO THE PICTURE OF
    THE LABOR MARKET?
Restriction

Is the claimant's 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 restrictions
such as an unreasonable
minimum acceptable rate
of pay, unwillingness to
work all hours customary
for an occupation, or
unwillingness to commute
within the customary
geographical labor market
area may substantially
reduce employment
opportunities.
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 claimant's 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

                 ISSUES
ABLE                    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.

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Able and available

  • 2. 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.
  • 3. Ready to Work  Readiness is:  Being able to accept and start work almost immediately  Having:  Required tools  Licenses  Special clothing  Equipment  Transportation
  • 4. 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
  • 5. 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
  • 6. Able and Available Basic Questions and Factors to Consider  WHAT ARE THE CLAIMANT'S CIRCUMSTANCES?  IS THE CLAIMANT WILLING TO WORK?  HOW DO THE CLAIMANT'S REEMPLOYMENT EXPECTATIONS COMPARE TO THE PICTURE OF THE LABOR MARKET?
  • 7. Restriction Is the claimant's 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.
  • 8. Restriction cont. Self-imposed restrictions such as an unreasonable minimum acceptable rate of pay, unwillingness to work all hours customary for an occupation, or unwillingness to commute within the customary geographical labor market area may substantially reduce employment opportunities.
  • 9. 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 claimant's willingness to adjust shows an interest in returning to work.
  • 10. 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.
  • 11. Labor Market pg 2  Labor Market must be described in terms of:  Locality  Occupational Skills  Training  Physical Capability  Knowledge of Potential Jobs
  • 12. 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
  • 13. Able and Available ISSUES ABLE 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.