Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes
Section 14.08 - Obligations of the Claimant
Universal Citation: 940 MA Code of Regs 940.14
Current through Register 1531, September 27, 2024
(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 Division;
(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 investigate the
claim.
(2) Continuing Obligations. A claimant shall have a continuing obligation to:
(a) provide the
Division with current information relating to the claim;
(b) cooperate with the Division in the
investigation 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 Division of any change in
address;
(d) provide information to
the Division 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 Division of any order for payment or eligibility for payment from
any other source including:
1. 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.
(3) Burden of Proof. The claimant has the burden of demonstrating his or her eligibility for compensation, and his or her compensable expenses, by a preponderance of the evidence.
(4) Failure to Comply. A claimant's failure to comply with any obligation set forth in 940 CMR 14.00 may result in denial of the claim for compensation.
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