BAM Investigator Training

1. BAM Investigator Training Fact Finding

2. What is an Issue? • BTQ 301 Handbook defines a non-monetary issue as: • An act or circumstance which, by virtue of state law, is potentially disqualifying

3. Detecting Issues • Must obtain facts to determine if an issue exits • Issue does not mean a denial of benefits • Identify an issue as it relates to UI law • More than one issue is possible with a set of facts

4. Fact Finding • Fact Finding is the use of an impartial expert (or group) selected by the parties, by the agency, or by an individual with the authority to appoint a fact finder, in order to determine what the “facts” are.

5. Definitions • Evidence: • A piece of information relating to an event which has happened or to a condition which exists or existed in the past • Fact: • Something determined by weight of evidence to be an accurate description of what happened

6. Two kinds of facts • General • Broad; includes multiple possibilities • Specific • Precise; can have only one meaning

7. Questions Question: General Answer: Specific Answer:

8. Classification of Facts • Back ground • Nice to know; not critical to the issue • Primary / Material • Need to know; relevant and critical to the issue

9. Basic Principles • Prepare for the interview • Develop a line of questioning • Use appropriate language • Control the interview • Use good timing • Ask specific questions • Use tact / respect

10. Pitfalls • Leading & suggestive questions • Ambiguous questions • ‘Yes’ or ‘No’ questions • Reverse questions • Jumping to conclusions • Moralizing • Concluding statements

11. Necessary Skills • Recognize Issues • Determine credibility • Look for clues • Analyze degrees not absolutes • Be analytical • Organize information • Investigate alternatives

12. Developing Issues • Irregularities in statements • Inconsistent circumstances • Contradictions • Missing time frames • Vague responses

13. Clarifying and Verifying • Purpose of repetition • When to restate • When to paraphrase • New issue raised? • Summarizing

14. Confronting Contradictions • Explain intentions • Use non-accusatory language • “I” vs. “You” • Rephrase when necessary "Justice cannot be for one side alone, but must be for both." ~ Eleanor Roosevelt

15. Concluding the Interview • Answer all “need to know” questions • Stop when you’ve satisfied the law • Does the customer feel heard and understood? • Was another issue raised?

16. Rebuttals • The presentation of facts or arguments to overcome a factually established presumption for a finding of eligibility or ineligibility • Necessary if the information obtained from other sources differs substantially • Good initial fact finding reduces the need

17. Evaluate Evidence • Uncontested statements • Contested statements • Written documents • Absence of documentation • Adjudicators presumptions

18. Weighing Evidence • Admissions against interest • Direct knowledge • Interest • Hearsay • Inherent improbability • Consistency • Circumstantial evidence • Other considerations

19. Compare Statements • Reasonable • Probable • Verified • Direct knowledge • Consistent • Unreasonable • Improbable • Unverified • Hearsay • Contradicted

20. Decision Time • If you have all the facts, the decision should be easy

21. Questions?