Ariz. Admin. Code § R6-3-52375 - Receipt of Other Payments (able and Available 375)

Current through Register Vol. 48, No. 14, April 8, 2022

A. General (Able and Available 375.05). Current receipt of group health insurance benefits for a concurrent period of recuperation creates a presumption that the claimant is unable to work. This presumption can be overcome if the claimant can establish that he is qualified and able to do work of a specific kind and his statement is supported by corroborating evidence. However, information on local labor market conditions available to the local office may create a presumption that the physical requirements for all work of the type for which he is qualified are too difficult to be met by the claimant. The terms of the group or health insurance policy or plan must be investigated in order to ascertain whether the claimant's allegations in his claim for benefits are contradictory to the statements made to the group or health insurance plan for the purpose of securing benefits. If the claimant's contentions or statements are contradictory, the truthfulness of the claimant's statements must be weighed in the light of all the facts.
B. Disability compensation (Able and Available 375.1)
1. Receipt of compensation for disability raises a presumption that the claimant is not able to work, but it is not in itself conclusive evidence of inability.
2. If the disability prevents work in his former occupation and there is no evidence that he is qualified for other work, he may be considered unable to work.

Evidence of the claimant's physical capacities must be obtained as a determination cannot be properly made solely on the basis of the receipt of workmen's disability compensation.

C. Pension (Able and Available 375.3)
1. A claimant's retirement or receipt of a pension creates a presumption that either the claimant has withdrawn from the labor market or his retirement is involuntary because of his inability to continue work. Positive evidence that he has re-entered the labor market will be required to overcome the presumption of ineligibility after retirement.
2. The terms and conditions in the plan or policy under which the claimant has or was retired must be ascertained. If a condition for receipt of a pension requires withdrawal from all work, the claimant would be required to show what he has done to rescind or forego his rights to the pension.
3. If the terms of the retirement agreement or plan merely preclude the continuation of employment with a given employer but makes no restriction on employment in other localities and with other employers, the presumption that the claimant has withdrawn from the labor market may be refuted by:
a. Employment after retirement,
b. Registration for work and certification of availability,
c. Efforts to find work.

Notes

Ariz. Admin. Code § R6-3-52375
Former rule number - Able and Available 375. - 375.3. Former rule repealed, new Section R6-3-52375 adopted effective January 24, 1977 (Supp. 77-1).

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