Appeals and Fair Hearing 400-19-125

 

Overview 400-19-125-05

(Revised 1/1/17 ML #3482)

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An individual may appeal an adverse action of TANF or Diversion by submitting a signed written request to the agency within 30 days from the date of the notice of adverse action. An individual is not required to use SFN 162 – Request for Hearing – when filing an appeal. However, the individual’s request for a hearing must be made in writing and signed. When a written request for a hearing is received within 10 days from the date of the notice of adverse action, benefits may continue.  

 

The following adverse actions are appealable:

  1. Denial of TANF benefits;
  2. Reduction in TANF benefits (including benefit reductions due to Child Support or JOBS Sanctions;

Note: A Tribal NEW participant may also have appeal rights with respect to decisions or actions made within the Tribal NEW program. Tribal NEW participants should be encouraged to speak with the Director of their respective Tribal NEW program to determine their right to and process for appeals within Tribal NEW.

  1. Closing of TANF case;
  2. Denials of Child Support Division ‘Good Cause’ claims;

Note: The ‘Good Cause Denied – Child Support Enforcement’ Notice sent to the custodian includes their rights to appeal the decision, withdraw the application, or have the case closed. In the event the custodian does appeal, the Child Support Division shall be advised to delay its activity until the results of the appeal are known.

  1. Denial of claims of Incapacity or JOBS ‘Good Cause’ rendered by the State Review Team;
  2. Denial of a TANF Lifetime Limit Exemption;

Note: When an exemption from the 60-month lifetime limit is denied, an applicant or recipient may request a fair hearing in writing within 30 days from the date of the adverse action. However, assistance is not continued pending the fair hearing.

  1. Overpayments of Benefits Paid;
  2. Denial, Reduction or Closing of Diversion;

Note: If Diversion is denied or the case closed, benefits may not be provided pending the fair hearing. If benefits are reduced, benefits may only be continued based on the reduced level.

  1. The determination of the need to make protective payments or of the choice of protective payee;
  2. Any other negative action imposed against a household except when the sole issue is one of state or federal law requiring automatic benefit adjustments for classes of recipients (unless the reason for an individual appeal is incorrect benefit computation).