WAG 01-07-08: Evidence Considered Upon Appeal

PM 01-07-08

When an appeal is filed timely (within 60 days for cash, child care, and medical, or 90 days for SNAP) and additional information and/or verifications are presented prior to the appeal hearing, take the following action:

1. (LO/Other) Reconsider the client's eligibility. Consider all the relevant facts, including evidence provided after the appealed decision was made.
   1. Reschedule a missed appointment, if it was the reason for the negative action. Consider the evidence obtained as a result of the rescheduled appointment.
   2. Determine the client's eligibility for benefits using all the evidence now available.
2. (LO/Other) Reverse or modify the Department's action, if appropriate, based on all the available evidence. Do what you would have done if you had all the information at the time of the original action.
   1. Reopen a denied application or canceled case if the client is determined eligible. Use the original application or cancellation date. Make a new decision and provide benefits as if you had the evidence when you took the original action.
   2. Send the appropriate written notice to the client if the Department's action is reversed or modified. The written notice must explain the new action. Send the appropriate notice form if benefits are reduced or canceled or an application is approved or denied as a result of this determination. If benefits are continued or restored, send a Notice of Benefit Restoration (Form 3363).
3. (LO/Other) Ask the client to withdraw the appeal.

When additional evidence is presented during the appeal hearing, it will be considered in making the Final Administrative Decision, unless:

• the appeal was not filed within the specified time period or
• the client previously refused to provide the evidence. Previous failure to provide such evidence is not considered refusal.