Assignments

(1) General Authority for Mandatory Assignment. Where the applicant’s need for veterans’ benefits is a result of the unemployment, accidental disability or illness of the applicant, and monetary remuneration is available to the applicant in the form of workmen’s compensation, accident or health insurance, or damages resulting from legal action in tort, the veterans’ agent shall take an assignment of that remuneration. The assignment operates as a lien on the monetary remuneration up to the total amount ofveterans’ benefits paid to, or on behalf of, the applicant. The veterans’ agent mayenforce the lien or assignment by filing a petition in the district court for the city or town through which the benefits payments are made. 6.04: continued (2) General Notification of Assignment. The veterans’ agent shall send a copy of the assignment to the applicant’s attorney, to the prospective defendant’s insurance company, and, if pertinent, to the Industrial Accident Board. The copy sent to the insurance company and lawyer shall be by certified or registered mail, return receipt requested. (3) Settlement of the Assignment. (a) Inassignment cases where an offer is made to settle the applicant’s claim, the veterans’ agent shall consider all relevant facts and circumstances in deciding whether the offer is acceptable and shall make an appropriate written recommendation to DVS. (b) The recommendation shall be accompanied by a report which states the reasons for the veterans’ agent’s recommendation, as well as the type of claim assigned and the amount of the proposed settlement, including all authorized deductions. The authorized deductions are those bills directly related to the assigned claim, such as physician and hospital charges, and attorneys’ fees. Such deductions shall not include charges incurred before the date of the claim. The report shall indicate whether there has been any voluntary reduction of these charges by the parties involved. The report also shall mention any hardship factors present in the case. (c) It is the general rule that full reimbursement shall be obtained in the settlement of assignment cases. However, in cases where full reimbursement is likely to create hardship, the veterans’ agent may recommend, with the supporting evidence, that less than full reimbursement be accepted in settlement of the assigned claims. The recommendation of the veterans’ agent shall not be implemented without the prior approval of DVS. (4) Partial Discharge of the Assignment. (a) DVS encourages the veterans’ agent to negotiate the partial discharge of the assignment of an uncontested claim, in order that the applicant may promptly begin receiving benefits. (b) The veterans’ agent shall not negotiate the partial discharge ofthe assignment of a contested claim for workmen’s compensation without the prior approval of DVS. The purpose of this requirement is to protect, on the Commonwealth’s behalf, the significant sums of earned damages which frequently accumulate during the period of contest. (c) In any cases where the fullest possible recovery of an assigned claim is not realized because of the failure or neglect of the veterans’ agent to comply with the provisions of 108 CMR 6.00, DVS shall not provide reimbursement for benefits paid. (5) Agreement to Reimburse. In cases where the applicant’s need for veterans’ benefits is a result of delay in the applicant’s receiving payments from any source, the veterans’ agent shall obtain from the applicant an Agreement to Reimburse (Form VS-20A,) to the city or town for veterans’ benefits received while waiting for said payments. This agreement must be properly dated and signed by both the applicant and the veterans’ agent, and submitted by the veterans’ agent when requesting authorization for the payment ofbenefits. AnAgreementto Reimburse shall not apply in cases involving unemployment benefits that may be due to an applicant under M.G.L. c. 151A. (6) Procedure. In all such cases, a Form VS-20A shall be executed and a copyofsame forwarded to DVS when submitting a new application or a reapplication. If the possibility of benefits other than those received under M.G.L. c. 115, becomes available to applicants, aftertheyhave started to receive assistance, the veterans’ agent must require the applicant to sign an agreement to reimburse. The DVS Authorizer responsible for reviewing an agent’s cases will not approve requests for reimbursement unless he or she receives a proper Form VS-20A on all such cases. Failure to execute a Form VS­ 20A shall result in loss of reimbursement. (7) Reimbursement of Benefits Received Under an Agreement to Reimburse. (a) In cases where the applicant has received payment from any source, for which he or she has signed an Agreement to Reimburse, the veterans’ agent shall seek reimbursement from the applicant in an amount not to exceed the amount of aid granted. 6.04: continued (b) If the applicant in such cases fails or is unwilling to make such reimbursement, the veterans’ agent shall give the applicant a Notice of Actioninaccordance with 108 CMR 8.03. The veterans’ agent shall send a copy of the notification, Notice of Reimbursed Funds (Form VS-20B)(Green Sheet), to DVS. The veterans’ agent shall notify the Secretary whenever the agent receives reimbursed funds from any source. One form shall be completed for each case and no more than one name shall appear on each form. NON-TEXT PAGE