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Department
of Human Services Families
First Online Policy Manual Appeals and Fair Hearings |
Revised: |
40.4 |
TIMELINESS FOR FILING APPEALS |
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Families First appeals must be filed within
90 days after the mailing date of the written notice sent as a result of the
case action. If an appeal is filed
within 10 days of the notice of adverse action on an active case,
Families First benefits can be continued at the previous level, pending the
final decision of the Hearing Official.
However, the individual must be informed that, if the county’s
decision is upheld, the AU will be responsible for repaying the benefits paid
pending the decision. If benefits are
to continue pending the outcome of the appeal, the Conciliation Unit will
authorize the benefits on the eligibility and case management system. When benefits are continued, the Hearing Official may determine at the
hearing if the issue being appealed is one of law, regulation or policy or if
the issue is a matter of fact or judgment.
If the Hearing Official issues an oral decision that the issue being
appealed is one of law, regulation or policy, the Families First benefits
must be reduced or terminated immediately, as indicated in the original
notice of adverse action. The Hearing
Official will notify the appellant and the county office in writing that
benefits must be reduced or terminated immediately, pending the final hearing
decision. Once benefits have been continued, they cannot be reduced or
terminated prior to the final hearing decision unless: ·
The Hearing
Official issues an oral and written decision that the issue being appealed is
one of law, regulation or policy and that the appellant’s claim that the
county improperly computed the benefits, misinterpreted, or misapplied such
law or regulation is invalid. ·
Another
change occurs while the hearing decision is pending that affects eligibility
or benefit level, and the appellant does not request a hearing on that issue
during the 10-day adverse action period. ·
A mass
change occurs while the hearing decision is pending. The 10- and 90-day counts for filing an appeal will begin the day
after the notice is mailed. If the
10th or 90th day falls on a weekend or holiday, the time limits will be
extended to the next working day. An
appeal filed on the 10th or 90th day is considered timely. |
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