Able and Available AA 270 – Fact Finding Guide
Use of Intoxicants
If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).
- If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
- If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.
Fact Finding Guide
- In what way, and to what extent, does the claimant’s condition prevent him or her from working?
- Would the claimant’s condition prevent him or her from working for more than four hours of a workday? Is the claimant’s condition ongoing?
- Has the claimant previously been discharged from work, incarcerated, or hospitalized for alcohol or substance abuse?
- Is the claimant able to perform work in his or her regular occupation?
- Can the claimant perform work in some other occupation? What other occupation?
- Is the claimant experienced or trained in the other occupation? If not, can such work be obtained without experience?
- Is the claimant willing to accept the working conditions of the other occupation?
- Has the claimant successfully completed a treatment program?
Last Revised: 01/19/2022