124 CMR 2.08
Obligations of the Claimant
(1) Claimant's Obligations. A claimant shall have the following obligations with respect to a
claim for compensation:
(a) The claim must be made on an application form provided by the Agency;
(b) The claim must be signed by the claimant under the pains and penalties of perjury;
(c) The claim must be accompanied by copies of bills and other supporting documentation
necessary to verify the claim; and
(d) The claim must contain a release of information necessary to obtain documentation and
verification of the requested compensation the claim. The Agency may request this release
of information is renewed periodically. The claimant may withdraw their release of
information by notifying the Agency in writing of their decision to withdraw the release.
(2) Continuing Obligations. A claimant shall have a continuing obligation to:
(a) provide the Agency with current information relating to the claim;
(b)
cooperate with the Agency in the administration of the claim including responding
promptly to all requests for further information and verifications, and responding promptly
to all requests to exhaust other sources of reimbursement;
(c) notify the Agency of any change in address;
(d)
provide information to the Agency about any civil action anticipated or filed in
connection with the crime;
(e) exhaust all other sources of payment or reimbursement for compensable expenses, and
promptly notify the Agency of any order for payment or eligibility for payment from any
other source including:
life insurance, homeowner's insurance, renter's insurance, automobile insurance,
health insurance, disability insurance or any other private or public insurance program;
2. workers compensation, social security benefits, veterans benefits, retirement benefits
or other private or public benefit program;
3. Medicaid, Medicare, care funded by the Health Safety Net Trust Fund, or any other
form of public assistance including aid to families with dependent children and assistance
to the aged and disabled or any successor;
4. restitution in the criminal action;
5. proceeds from a civil suit; or
6. institutional gifts.
(f) promptly reimburse the Commonwealth, to the extent of compensation actually paid, for
payments received from any other source that exceed the actual losses to the victim.
(g) Claimants have no obligation to notify the Agency of crowd funding dollars raised on
their behalf, as this funding will not be considered as a source of payment that must be
exhausted in accordance with 124 CMR 2.08 (2) (e ).
(3)
Burden of Proof. The claimant has the burden of demonstrating their eligibility for
compensation, and their compensable expenses, by a preponderance of the evidence.
(4) Failure to Comply. A claimant's failure to comply with any obligation set forth in 124 CMR
2.00 may result in denial of the claim for compensation.