State UI verification for veterans’ rehabilitation applications

UIPL 21-12 (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2012/UIPL_21_12_acc.pdf)

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                          UC
               ADVISORY SYSTEM                                     CORRESPONDENCE SYMBOL
                                                                   OUI/DUIO
          U.S. DEPARTMENT OF LABOR
                                                                   DATE
             Washington, D.C. 20210                                May 31, 2012

ADVISORY:             UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 21-12

TO:                   STATE WORKFORCE AGENCIES

FROM:                 JANE OATES /s/
                      Assistant Secretary

SUBJECT:              State Unemployment Compensation (UC) Agency Responsibilities to Provide
                      Information to the Department of Veterans’ Affairs (VA) on Certain
                      Veterans’ UC Eligibility Status

1. Purpose. To advise UC agencies of their responsibilities to provide information to the VA,
upon request, about the UC eligibility of veterans applying for VA sponsored rehabilitation
services and to transmit a copy of the Request for and Consent to Release of Information from
Individual’s Records, VA Form 3288 (Office of Management and Budget Control No.
2900-0028).

2. References. The VOW to Hire Heroes Act of 2011 (VOW Act), (Public Law 112-56); Title
38 U.S.C. 3102, 3103, and 3105; and 26 U.S.C. 3304.

3. Background. The VOW Act was enacted on November 21, 2011. Section 233 of the VOW
Act amends 38 USC 3102, 3103, 3105 and adds a note to section 3102 entitling veterans who
have completed a Vocational Rehabilitation and Employment (VR&E) program and exhausted
rights to regular compensation, 1 (which includes regular state UC, Unemployment Compensation
for Ex-Servicemembers and Unemployment Compensation for Federal Employees) to participate
in an additional 12-month VA-sponsored rehabilitation program, also known as additional
Chapter 31 services. The VA is responsible for taking applications for additional Chapter 31
services and applications must be received by the VA before March 31, 2014.

In order to be eligible for additional Chapter 31 services, the veteran must:

        •   Have previously completed a VR&E program;
        •   Have exhausted all rights to regular compensation with respect to a benefit year;
        •   Have no rights to regular compensation with respect to a week;
        •   Not be receiving compensation with respect to such week under the UC law of
            Canada; and

1 The term ‘regular compensation’ has the same meaning as under 20 CFR 615.2(e), implementing the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

 RESCISSIONS                                                      EXPIRATION DATE
 None                                                             Continuing

       •   Begin the additional program within six months of the date of regular compensation
           exhaustion.

The VA will need to contact state UC agencies to verify the regular compensation eligibility
status of veterans submitting applications for these services. A veteran has exhausted rights to
regular compensation when “no payments of regular compensation can be made . . . because such
person has received all regular compensation available to such person based on employment or
wages during such person’s base period” and “such person’s rights to such compensation have
been terminated by reason of the expiration of the benefit year with respect to which such rights
existed.” (See Section 231 of Subtitle C-Improving the Transition of Veterans to Civilian
Employment, of the Act.)

Note: A veteran may qualify for additional Chapter 31 services after having exhausted UC even
though s/he is receiving Extended Benefits or Emergency Unemployment Compensation. (See
38 U.S.C 3102).

    4. VA Responsibilities. As noted above, the VA is responsible for taking applications for
additional Chapter 31 services. To determine a veteran’s eligibility for these services with regard
to the veteran’s exhaustion of regular compensation, or any current or future entitlement to
regular compensation, requires the assistance of state UC agencies. Therefore, the VA has
developed a process to collect the necessary information from state UC agencies, when a veteran
reports having received regular compensation within the past six months. In carrying out its
responsibilities, the VA will:

   • Have the veteran sign VA Form 3288 (see attached);
   • Provide a signed copy of the VA Form 3288 to the state UC agency; and
   • Instruct the veteran to apply for UC and, if determined ineligible, submit a copy of the
     determination of ineligibility from the state UC agency to the appropriate VA office.

5. State UC Agency Responsibilities. When the state UC agency receives the VA Form 3288,
its designated staff must complete the form and return it to the address/location indicated on the
form. The state UC agency must:

   •   Verify the regular compensation eligibility status of the veteran and provide the requested
       information to the VA, including the date that the veteran exhausted regular
       compensation, if appropriate; or
   •   Verify that the veteran is currently receiving regular compensation, and if so, provide the
       number of UC weeks claimed during the current benefit year.

To facilitate the process outlined above, state UC agencies will need to provide contact
information to the contact persons listed in section 7, which will then be transmitted to the VA
for its use in requesting the necessary information using VA Form 3288. The contact
information will also be used by the VA for any issue resolution(s) with the state.

6. Dissemination of Information on the VOW Act. State UC agencies are strongly
encouraged to disseminate information about the VOW Act and its provisions by incorporating
information on their Web sites or directing the public to the following links:

   • http://www.benefits.va.gov/VOW/ - This website provides detailed information on every
       part of the VOW ACT, including how to apply for benefits.

   • http://www.vba.va.gov/bln/vre/index.htm - Links to the VA VR&E (Chapter 31) Program
       site where veterans may apply online.
   • http://www.gibill.va.gov/ - Links to the VA GI Bill Program site where veterans may apply
       online for VA education benefits.

7. Action Requested. State Administrators should distribute this advisory to appropriate staff
and provide the name, address, telephone number, fax number and e-mail information of a
designated state contact for VA requests to the Department via e-mail to Quinn Watt at
[email protected] or Stephanie C. Garcia at [email protected] along with a copy to the
appropriate regional office no later than June 5, 2012.

8. Inquiries. Please direct inquiries to the appropriate regional office.

9. Attachment. VA Form 3288 (Request for and Consent to Release of Information from
Individual’s Records).

VA Form 3288 attachment (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2012/UIPL_21_12_att.pdf)

Attachment

                                                                                                                                          Form Approved: OMB No. 2900-0028
                                                                                                                                          Respondent Burden: 7.5 minutes

   VA Department of Veterans Affairs
   REQUEST FOR AND CONSENT TO RELEASE OF INFORMATION FROM INDIVIDUAL'S RECORDS
PRIVACY ACT STATEMENT: The execution of this form does not authorize the release of information other than that specifically described below. The
information requested on this form is solicited under Title 38, United States Code, and will authorize release of the information you specify. The information may
also be disclosed outside VA as permitted by law to include disclosure as stated in the "Notices of Systems of VA Records" published in the Federal Register in
accordance with the Privacy Act of 1974.
RESPONDENT BURDEN: VA may not conduct or sponsor, and the respondent is not required to respond, to this collection of information unless it displays a
valid OMB Control Number. The Privacy Act of 1974 (5 U.S.C. 552a) and VA's confidentiality statute (38 U.S.C. 5701) as implemented by 38 CFR 1.526(a) and
38 CFR 1.576(b) require individuals to provide written consent before documents or information can be disclosed to third parties not allowed to receive records or
information under any other provision of law. The information requested is approved under OMB Control Number 2900-0028 and is necessary to ensure that the
statutory requirements of the Privacy Act and VA's confidentiality statute are met.
Responding to this collection of information is voluntary. However, if the information is not furnished, we may not be able to comply with your request. Public
reporting burden for this collection is estimated to average 7.5 minutes per respondent, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or
any other aspects of this collection of Information, including suggestions for reducing this burden, to the VA Clearance Officer (005E3), 810 Vermont Avenue,
NW, Washington, DC 20420. Send comments only. Do not send this form or requests for benefits to this address.
                                                                                            NAME OF VETERAN (Type or print)
________________________________ Unemployment Insurance Agency
      (Insert Name of State)
T
ADDRESS:
O                                                              VA FILE NO. (Include prefix)                                               SOCIAL SECURITY NUMBER

NAME AND ADDRESS OF ORGANIZATION OR INDIVIDUAL TO WHOM INFORMATION IS TO BE RELEASED
VA Vocational Rehabilitation Counselor NAME:
ADDRESS:
PHONE:
FAX:
                                                                              VETERAN'S REQUEST
I hereby request and authorize the _ (insert name of State)________ Unemployment Insurance                                 NAME
Agency to release the following information from the records identified above to the organization,
agency, or individual named hereon:
INFORMATION REQUESTED (Number each item requested and give the dates or approximate dates - period from and to - covered by each.)

Instructions to State Unemployment Insurance Agency:

Please verify or complete the following information and return this form to the VA Counselor at the address or FAX number
listed above.

   О Date that the Veteran exhausted regular state unemployment compensation                                    _______________________________
                                                                                                                          (insert date)

   О Veteran is currently receiving regular state unemployment compensation (UC). How many weeks of regular UC has the Veteran

      claimed for the current benefit year to date, as of _____________________________ ?                                            __________________________________
                                                           (VA should insert today’s date)                                              (insert number of weeks claimed)
   О Comments:

_______________________________________________________________________________________ ___________________________
             Name, Signature, Title of individual completing form                                 Date
PURPOSE(S) FOR WHICH THE INFORMATION IS TO BE USED.

Solely, to help VA determine eligibility for VA Vocational Rehabilitation and Employment benefits under the
Vow to Hire Heroes Act, Public Law 112-56, Section 233.
   NOTE: Additional information may be listed on the reverse side of this form.
SIGNATURE OF INDIVIDUAL OR PERSON AUTHORIZED TO SIGN FOR INDIVIDUAL (Attach authority to sign, e.g., POA)                                 DATE

VA FORM                                                                                                                                                     Word 2003 Form
OCT 1995(R)