GUIDE SHEET 4

ABLE AND AVAILABLE

A claimant must be able to work and be available for work 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.

Many States include the requirement in their able and available statute that the claimant actively seek work to maintain continuing eligibility. Some States have a separate statutory provision for work search. Be certain the issue is correctly identified with respect to State law.

BASIC QUESTIONS AND FACTORS TO CONSIDER

A. WHAT ARE THE CLAIMANT'S CIRCUMSTANCES?

This factor gives the initial picture of the claimant. Is the claimant qualified by experience, training, licenses, possession of tools, to do the type of work he/she is seeking? Is the claimant physically or mentally able to work? Is the claimant's availability restricted in any way? Claimants should arrange their personal circumstances so that they can immediately accept suitable work. Failure to have adequate transportation or child-care arrangements, for example, unduly restricts availability for work.

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. A temporary removal from the labor market due to incarceration, vacations, or school attendance may also adversely impact availability.

B. IS THE CLAIMANT WILLING TO WORK?

Claimants who have controllable restrictions which adversely affect availability, 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 supplied labor market information to the claimant. The claimant's willingness to adjust shows an interest in returning to work. This may include altering demands or job search methods and arranging for personal circumstances such as transportation or child care problems.

Claimants' willingness to work is further measured by their documented efforts to seek work. Examination of specific work search contacts, the claimant's registration with the Employment Service, and actions the claimant has taken on referrals are all pertinent to willingness to work.

C. HOW DO THE CLAIMANT'S REEMPLOYMENT EXPECTATIONS COMPARE TO THE PICTURE OF THE LABOR MARKET?

The claimant's circumstances must be examined in light of labor market conditions. What employment opportunities can the claimant expect given his/her particular circumstances? Is the claimant on a temporary or seasonal lay off? If the claimant's circumstances unduly reduce employment opportunities, the claimant may not be considered available for work. Specifics of the labor market such as the prevailing rate of pay for the occupation, customary shifts and hours, commuting patterns for the area, and availability of job opportunities in the claimant's customary occupation are all considerations.

Factfinding

A. CLAIMANT'S CIRCUMSTANCES

1. Claimant's physical and/or mental conditions

• Claimant's physical or mental capability to work
  
  
• Ability to work
  
  

2. Claimant's qualifications

• Claimant's formal or informal training compared to the requirements of the job sought
  
  
• Claimant's work experience
  
  
• Licenses, tools, permits, and/or equipment
  
  
• If an alien, current status of authorization to work in the U.S.
  
  
  

HINT: An investigation is only necessary for factors that raise potentially disqualifying issues. It is not necessary to investigate the claimant's ability to work or the claimant's qualifications unless some information in the record raises an issue.

3. Claimant's restrictions

• Transportation restrictions compared to typical means of transportation in the area
  
  
• Restrictions because of child care or family illness
  
  
• Temporary removal from the labor force because of vacation, incarceration, military reserve duty, or schooling
  
  
• Wage or hour demands or other conditions of employment imposed by claimant
  
  

B. CLAIMANT'S WILLINGNESS TO WORK

1. Efforts to seek work

• Specific contacts made by claimant
  
  
• Methods of contact and appropriateness of methods for job sought
  
  
  
  

HINT: In those states that have an active search for work requirement, the claimant's efforts to seek work must be documented. Documented efforts to seek work lend credibility or cast doubt on the claimant's statements. If the work search is not pursued and documented, score inadequate (I) in Item 18, Claimant Information. In Item 22, Law and Policy, score Questionable (Q), if the decision was made without these necessary facts.

2. Claimant's action taken on referrals

• Source of referral
  
  
• Reasons for the action or inaction
  
  

3. Alternatives and adjustment (controllable by claimant)

• Adjustment of conditions under which claimant would accept work
  
  
• Willingness to alter occupational demands in light of training, experience, and abilities
  
  
• Willingness to increase range of acceptable occupations based on prior training and experience
  
  
  • Possible arrangement for domestic circumstances, transportation problems, or other restrictions
    
    
  • Claimant's willingness to alter job search efforts
    
    
    

HINT: If restrictions are uncontrollable (incarceration, hospitalization) and are clearly disqualifying, the adjudicator should not be penalized for not investigating further.

HINT: If restrictions are controllable (transportation, childcare, etc.), willingness to work must be investigated; efforts to seek work and willingness to alter restrictions or remove barriers are particularly important and must be documented. When the claimant agrees to alter restrictions and reinstatement for eligibility is considered, efforts to seek work under the altered conditions are particularly important.

C. POTENTIAL LABOR MARKET

1. Customary conditions of employment

• Commuting pattern for the area
  
  
• Geographical location
  
  
• Other working conditions such as prevailing wages and hours
  
  
• If an alien, current status of authorization to work in the U.S.
  
  

HINT: If the claimant has any labor market restricions (customary hours, commuting patterns, or prevailing wage), labor market information must be documented unless it is clearly common knowledge, then it can be inferred. For example, prevailing wage (wage most commonly paid for that type of work in the area) must always be documented, while local commuting patterns may be inferred. The reviewer must become familiar with the geographic labor market area before the evaluation. Score Item 20, Information from Others, Inadequate (I) if labor market information is needed and was not obtained and documented.

2. Current potential job opportunities

• Number of job openings in primary or secondary occupation
  
  
• Seasonal patterns
  
  
• Immediacy of recall to previous employment
  
  

• Remaining potential for employment considering restriction