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

  1. In what way, and to what extent, does the claimant’s condition prevent him or her from working?
  2. 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?
  3. Has the claimant previously been discharged from work, incarcerated, or hospitalized for alcohol or substance abuse?
  4. Is the claimant able to perform work in his or her regular occupation?
  5. Can the claimant perform work in some other occupation? What other occupation?
  6. Is the claimant experienced or trained in the other occupation? If not, can such work be obtained without experience?
  7. Is the claimant willing to accept the working conditions of the other occupation?
  8. Has the claimant successfully completed a treatment program?