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.

 

Glossary

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