Department of Human Services

Families First Online Policy Manual

Appeals and Fair Hearings

Revised:

40.9

WITHDRAWING AN APPEAL

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If the appeal is resolved in favor of the appellant, the appellant will be informed of the same and will not have to withdraw the appeal in writing.  If the appellant is satisfied with an adjustment or explanation of the reason for the action by local or district staff or by the Division of Appeals and Hearings Conciliation Unit, he/she will be given the opportunity to withdraw the appeal at any point during the appeal process. 

 

The appellant should complete and sign a Withdrawal of Appeal form, giving the reasons for the withdrawal.  This explanation should be done in his/her own handwriting and words, if at all possible. 

 

If the appellant wishes to withdraw the appeal but does not want to sign the form, the caseworker or Division of Appeals and Hearings worker will complete it and attach the appellant’s written statement.

 

The caseworker or Division of Appeals and Hearings worker will complete the Withdrawal of Appeal form, giving the reason for the withdrawal.  The caseworker or Division of Appeals and Hearings worker must:

 

·        Explain any action being taken on the case.

 

·        The dates of the action.

 

·        The facts upon which the action was based.

 

·        Cite applicable laws or regulations.

 

·        Any admissions, stipulations or agreements between the appellant and the agency.

 

If benefits are being restored, the amounts and effective dates of those benefits must be included, as well as copies of budgets if there were changes in income, need, or AU composition.

 

Glossary

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