Department of Human Services

Families First Online Policy Manual

Appeals and Fair Hearings

Revised:

40.6

FILING AN APPEAL

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An individual can file an appeal either orally or in writing.  The appellant should give a clear statement about the issue of the grievance and his/her mailing address on the appeal form if the appeal is in writing.  If the issue is unclear, the caseworker or the Family Assistance Service Center should clarify the issue prior to submitting the appeal.  The caseworker or the Family Assistance Service Center must assist the appellant in filing the appeal in any way necessary. 

 

The caseworker will explain on the appeal form the action taken or delay in action that is the issue of the appeal.  This explanation should include:

 

·        The date the appeal was requested (either orally or in writing).

 

·        A clear statement of the action taken or delay in action taken on the case.

 

·        The date(s) the action was taken on the case.

 

·        The state rule numbers of the policy in question.  The state rule numbers can be located at http://www.tennessee.gov/sos/rules/1240/1240-01/1240-01.htm.

 

The appeal form must be faxed to the Division of Appeals and Hearings on the date the appeal is filed.  The caseworker will not wait for the appellant to sign the appeal form before submitting it to the Division of Appeals and Hearings if the appeal was filed orally or if the individual refuses to sign the form.  If the appellant requests the appeal orally or refuses to complete the form, the caseworker will complete the form and Fax it to the Division of Appeals and Hearings.

 

Appeals that are requested verbally through the Service Centers must be entered directly into ARTS.  Information must include:

 

·        The case name and case number.

 

·        The date the appeal was requested.

 

·        A clear explanation of the reason for the appeal.

 

If the individual first contacts the State Office to request an appeal, the State Office staff will fax the Division of Appeals and Hearings with all pertinent information, including the name and address of the appellant.  The Division of Appeals and Hearings will treat this as any other oral request and process in the manner described above.  All procedures described above will be followed for appeals initiated in the State Office.

 

Glossary

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