Victim Compensation and Assistance

What is Victim Compensation
Eligibility
Additional Requirements

Eligible Expenses

Medical & Dental
Mental Health Counseling
Lost Wages
Funeral & Burial
Homemaker Expenses
Loss of Financial Support
Ancillary Expenses
Professional Crime Scene Clean-Up
Replacement Bedding/Clothing
Mental Health Counseling for Non-Offending Parents
Security Measures

Application & Right to Appeal
Special Program: Forensic Sexual Assault Exam

The March CRC information session featured guest speakers from the Attorney General’s Office who presented on Victim Compensation and a new policy under Massachusetts General Law expanding victim compensation for expenses related to sexual assault forensic examinations. The following article summarizes the presentation including helpful tips for social workers assisting individuals who may be eligible for victim and witness services through the Attorney General’s Office.

NOTE: some items updated based on October 2012 presentation by Lisa Solecki, program director, then updated in June 2018.

Speakers Fatima Breton and Tracy Wetterlow of the Attorney General’s Office emphasized the importance of applying for Victim Compensation benefits in a timely fashion, even if there is some question of eligibility or of need. Losses related to the crime may end up being greater than initially expected and it is not uncommon to miss the window for applying. If one applies within the three year window, and found eligible, they are eligible for life. Their big “take home” message was that any possible candidate for benefits should apply.

Information provided to the AGO victim compensation division is strictly confidential. Staff is trained to handle domestic violence cases and will work with applicants who may not wish for family to learn about the crime or their application for Victim’s Compensation.

What is Victim Compensation?

Victim Compensation and Assistance is a financial assistance program for victims of violent crimes. The program is administered through the Office of the Attorney General (under Massachusetts General Law c. 258c). Every state has a victim compensation program, thought total reimbursable expenses vary. In Massachusetts federal funds are supplemented by fees paid to the state by offenders. Funds provide UP TO $25,000 of financial assistance per crime to help victims pay for uninsured medical, dental and counseling expenses, funeral and burial costs, and lost income. Note that once an application has been approved, multiple expenses related to that crime can be reimbursed up to the $25,000 limit. Those who have experienced catastrophic injuries may, as of 2014, receive up to $50,000 rather than the $25,000 limit that applies to other injuries and losses.  Previous awardees are eligible to apply for additional funds.

Catastrophic injuries include:

Victim Compensation is a fund of last resort, meaning that all other sources of financial assistance must be used prior to victim compensation. This includes payment through insurances, worker’s compensation, social security benefits, Medicaid, Medicare, free care (HSN), restitution, etc.

Eligibility

Additional Requirements

Reporting the crime -the crime must have been reported to law enforcement* within 5 days of its occurrence, UNLESS there is good cause for delay. Examples of “Good cause for delay” include those who are victims of a sexual assault, domestic violence, child abuse, or who are hospitalized as a result of a crime and are unable to report the crime.

Reporting a crime after finding out it is a requirement for victim compensation is a poor cause for delay and will not be accepted as a valid reason.

*The definition of “law enforcement” includes federal, state, and local police; school, college or university police; investigative agencies such as the Department of Children & Families, Elder Services, clerk of courts, and the Disabled Person’s Protection Commission. SANE nurses can complete an anonymous report of sexual assault (Provider Sexual Crime Report or PSCR)- this counts as reporting to law enforcement for the purpose of Victim's Compensation eligibility (beginning November 2010). Reporting a crime to a hotline does NOT qualify as reporting to law enforcement.

Cooperation with Law Enforcement- the claimant must cooperate with law enforcement officials in the investigation and prosecution of the crime unless there is a reasonable cause not to cooperate. A reasonable cause might be intimidation or fear or retaliation. The victim’s involvement in a gang or drug involvement is not an automatic cause for denial. The Victim Compensation staff will review the specifics of the case. One option they may use is to give a lower reward level for example, perhaps 50% rather than 100% reimbursement.

Application Time Limit- An individual has 3 years from the date of the crime to file for victim compensation benefits. For situations where a crime is not discovered until years later, the 3 year filing period for victim compensation begins when the criminal complaint or indictment is issued. Additionally, if the victim was a minor when the crime was committed, the 3 year file period begins on his/her 18 th birthday. Again- encourage victims to apply even if they do not anticipate expenses as once they are deemed eligible, they are able to submit a claim related to that crime for life (so for delayed onset of psychological problem for example such as might happen when the offender is released from prison).

Eligible Expenses

Victim compensation covers a variety of expenses, as long as they are incurred as a direct result of a violent crime. Pain and suffer and lost or damages related to a property-crime are not reimbursable/qualifying expenses. Generally, the funds cover expenses related to medical and dental care, mental health counseling, lost wages, funeral and burial expenses, homemaker expenses, and loss of financial support.

Medical & Dental Care -All reimbursable expenses must have been required as a direct result of the crime. In addition to medical and dental care, prescription expenses and medical equipment and supplies may be covered by victim compensation funds after all other sources of coverage/funding have been exhausted, including insurance. Hospitalized individuals who apply for victim compensation are required to apply for the Healthy Safety Net (“free care”); however, victims of sexual assault are exempt from this requirement. Recognizing individuals can accrue enormous debt as a result of inpatient hospital stays and other medical care, victim compensation staff works with hospital financial counselors to negotiate hospital fees to extend the funding through victim compensation. The fund has covered a wide variety of expenses in the past including home and vehicle modifications, prosthetics, computers, even a seeing eye dog in cases where these needs met the criteria described above.

Mental Health Counseling -Eligible individuals for mental health counseling services include the victim, child witness to violence, and the family members of homicide victims. While counseling services are only covered to the extent that it is directly related to the crime, pre-existing mental health conditions or those already receiving mental health counseling services do not necessarily exclude someone from reimbursement, as long as one can prove that the experience of the crime exacerbated the condition or was detrimental to the individual’s mental health. The AGO does require that services be through a licensed provider or directly supervised by a licensed provider. A treatment verification plan must be filled out by the provider for every 6 months of therapy. The AGO does not typically require other verification like medical or mental health records unless there is a question of the reasonableness of treatment. Examples include when an individual seeks funding for a daily therapy regimen. Any missed or canceled appointments will not be covered by victim compensation.

Lost Wages -Individuals who were employed, but can no longer work as a direct result of a violent crime may be eligible to receive funding for lost wages. Other eligible individuals may include someone who had a bona fide job offer at the time of the crime and minor victims who, as a result of the crime, will be disabled and unable to work when he/she turns 18 years old. To meet requirements for Lost Wage reimbursement, the victim must demonstrate that he/she is disabled from work, including providing the AGO with the exact dates of his/her disability and proof of earnings either through employer verification or through the previous year’s tax records. Awards for lost wages are based on the victim’s net earnings at the time of the crime. Earnings must be verified.

Unfortunately, here are some scenarios when Lost Wages would not apply: any income that is unreported, for example payment that is “under the table” or employment with the use of a fraudulent social security number is not covered. Does not cover if someone was unemployed at time of crime. Does not cover if someone had vacation time that paid for absence. Does not cover time off to go to court or care for a child victim.

Funeral and Burial Expenses- As of April 13, 2018, anyone who incurs the funeral or burial expenses of a homicide victim is eligible for a maximum award of $6,500 for crimes that occurred after November 5, 2010 (formerly $4,000). Eligible Expenses include, but are not limited to, a headstone, cemetery plot, and body transportation services. The victim compensation staff has in the past worked with funeral homes to coordinate direct pay services, meaning that the Attorney General’s Office is billed directly without requiring the individual to pay out of pocket.

Homemaker Expenses- An individual whose sole occupation at the time of the crime was as a homemaker and as a result of the crime is disabled and unable to perform the duties and responsibilities of a homemaker, may be eligible for victim compensation payments.

Loss of Financial Support - for dependents of homicide victims, who were wholly or partially dependent on the victim for financial support upon the victim’s death, may be eligible for an award. Compensation is based on the victim’s net earnings at the time of the crime and the actual amount or court ordered amount of financial support a dependent received from the victim.

Ancillary Expenses (for crimes that occurred after November 5, 2010)- these costs may include costs associated with internment beyond the funeral/burial expenses, may include transportation to place of internment, memorial markers. Reimbursed up to $800.

Professional Crime Scene Clean-Up (for crimes that occurred after November 5, 2010)- services must be provided by licensed, professional service. The DA's office can give a list of approved agencies. Crime scene can be residence or a vehicle. Reimbursable up to $1500. Will need proof of expense.

Replacement Bedding/Clothing (for crimes that occurred after November 5, 2010)- clothing or bedding that was in victim's possession at time of crime or items seized by law enforcement or rendered unusable due to crime investigation. Reimbursable up to $250.

Mental Health Counseling for Non-Offending Parents (for crimes that occurred after November 5, 2010) - The child must be the victim of the violent crime. Must be verified by licensed mental health counselor that the treatment is crime-related.

Security Measures (for crimes that occurred after November 5, 2010) - Circumstances of the crime would show that security measures will address safety concerns. Examples might include stronger doors, window locks, security systems. Reimbursable up to $500.

Application and Right to Appeal

Victim Compensation applications are a standard two page form and are available as a brochure for distribution to victims and family. Brochures are available in both English and Spanish. If you are unable to obtain an original brochure, photocopies are acceptable. Applications can also be downloaded online at www.mass.gov/ago. Completed, signed, applications should be mailed to:

Victim Compensation & Assistance Division
Office of the Attorney General Maura Healey
One Ashburton Place
Boston, MA 02108

Tip: application must be signed by the applicant in order to start the process- this is a release of information. In an instance where the victim is unable to sign his/her name a guardian or proxy is the only other individual who can apply on the victim’s behalf.

Applications may be submitted on a minor’s behalf by a parent or guardian or a Department of Children & Families case manager if the minor is in the custody of the state. Sexual assault or domestic violence victims may also have an advocate send in the application on his/her behalf to ensure the safety of the victim, and Victim Compensation will send mail to the advocate. Similarly, if insurance is under a parent’s name or a batterer’s name, the AGO will accept the application without requiring that the insurance be billed. Last, applicants requiring assistance with filling out an application can contact the AGO with any questions. The AGO has Spanish-speaking staff in addition to a language line to facilitate communication with non-English speakers.

The time line for determination of eligibility varies as each application is assessed on a case-by-case basis- with homicide cases prioritized. A general estimate of approval is 3-6 months; however, in some instances, an individual may be deemed eligible immediately. Much depends on how quickly the AGO is able to gather vital information regarding the case and the official crime reports and CORI for each applicant.

Appeals- A claimant has the right to request a reconsideration of any compensation decision by the program director if his/her claim was denied eligibility, or an expense was denied. Following this appeal, the claimant can choose to file an appeal in the local District Court.

Special Program: Forensic Sexual Assault Exam

A separate victim compensation fund exists for those victims of sexual assault who receive a medical exam, but do not report the assault to law enforcement. The Massachusetts Victims of Violent Crime Compensation Act expands victim compensation funds to assist sexual assault victims by paying for medical expenses incurred as a result of a Forensic Sexual Assault Exam that was performed by a SANE nurse or other medical provider on or after 1/1/08. Similar to victim compensation requirements, the crime must have occurred in Massachusetts and the claim must be filed within 3 years from the date of the crime. Those who choose to report the crime to law enforcement may also be eligible to receive regular victim compensation, which covers more categories of expenses than the FSAE victim compensation fund.

Covered expenses -Includes all physician and hospital expenses related to conducting the Forensic Sexual Assault Exam, medications prescribed or administered by medical personnel at the time of exam, and any after care deemed medically necessary at the time of exam that is related to the sexual assault. Other covered expenses may include ambulance transportation to the hospital, insurance co-payments or deductibles.

Health care providers are required to include a copy of the Treatment & Discharge form (Form #6) with the sexual assault kit number, along with submitting copies of medical bills or receipts related to the exam to the AGO. This form takes the place of an anonymous report to law enforcement; however, this report alone does not make a FSAE victim compensation recipient eligible for regular victim compensation. To be eligible for regular victim compensation benefits, an individual must directly report the crime to law enforcement within 3 years of the date of the crime (sexual assault victims are not subject to the 5-day rule in reporting to law enforcement). When a minor child is involved, a 51A form can also fulfill the requirement for reporting a crime, deeming the victim eligible for both compensation for the forensic sexual assault exam and regular victim compensation benefits.

For questions about the application or the FSAE Victim Compensation application process, please contact the Victim Compensation and Assistance Division of the Office of the Attorney General at 617-725-3362.

-Thanks to Fatima Breton and Tracy Wetterlow of the Attorney General’s Office for their presentation and assistance with this article.

3/10; rev 6/18