PM 03-06-05-j: Appeals

WAG 03-06-05-j.

A client has the right to appeal the reduction or cancellation of their cash benefits due to the 60-month limit, even if they do not request an exception. They may also appeal the denial of an exception request or the termination of an exception or 3-month extension. In addition to regular appeal policy, special procedures are used to expedite the appeal hearing.

If the appeal is filed on or before the date of change for an active case, the client has a right to continued benefits while the appeal is pending (see PM 01-07-04). Continue benefits during the appeal unless the client states they do not want the benefits continued. The Family Community Resource Center does not need central office approval to continue assistance due to an appeal.

These appeals have the highest priority, and the hearing should be scheduled promptly. The Family Community Resource Center must notify the Regional Administrator or designee within one workday after they become aware of an appeal related to the 60-month limit. Also contact BPD to expedite scheduling of the hearing and to ask any questions about an exception decision.

If the client is subsequently approved for an exception, change the exception coding and take other appropriate case action.

If the appeal is dismissed or the decision upholds the reduction or termination of benefits, remove any exception coding due to the appeal and take other appropriate case action. The system does not authorize a 3-month extension if a client's assistance was only continued due to an appeal.