Legal Aspects Manual

0130.010.10 Handling Complaints from Sources Other Than the Claimant or His/Her Representative

If the Eligibility Specialist receives a complaint from a person other than the claimant or his/her representative, the Eligibility Specialist must:

  1. Review the complaint promptly;
  2. Advise the complainant that:
    • his/her name and complaint will be recorded in the case record;
    • He/She may request that his/her name be withheld. However, the nature of the complaint will be recorded in the case record;
    • The claimant has access to his/her record and may see the complainant’s name and the fact that a complaint was made;
    • He/She may be asked to appear at a fair hearing should any adverse action be taken against the claimant’s case as a result of his/her complaint.
  3. Record information regarding receipt of complaint, nature of the complaint and all steps taken to resolve problem area(s). (This includes supervisory conference and decision(s) reached.) The ES will make a complete, clear, and concise comment on EUMEMROL.

Note: The Eligibility Specialist will be expected to use logical judgment when evaluating the validity of the complaint and in deciding what information is recorded in the case record (i.e., if someone calls in a complaint about the claimant’s personal or moral habits which do not affect eligibility and refuses to give their name).