(Revised 11/13/2024 ML 3880)
When a household files an application for review before the end of its current review period and takes the required action after the end of the current review period, responsibility for the delay must be determined.
Determining cause for the delay dictates what action (deny or pend) must be taken on the case and whether or not the household is entitled to benefits retroactive to the date of the application for review.
Delays Caused by the County
When a delay in the review determination period is caused by the county:
- Do not deny the application for review.
- Notify the household by the 30th day following the date of the application for review that it is pending and state the reason.
If the household is found eligible during the second 30-day period, provide retroactive benefits back to the date the review period should have begun.
Delays Caused by the Household
If a household has failed to complete any part of the review process within 30-days of receipt of the review, the delay is the fault of the household if the worker took the following actions:
- Failure to Complete the Application for Review: The worker must have offered, or attempted to offer, assistance in completion of the form.
- Failure of Household Member(s) to Register for Work: The worker must have informed the household of the need to complete SFN 385 – Affidavit for Work Requirements or SFN 353 - Affidavit for BEST Registrants and given the household at least 10 days from the date of notification to register household members.
- Failure to Provide Required Verification: The worker must have:
If it is determined the delay is the fault of the household, the worker must deny the review using the appropriate notice.
Exceptions:
- If an individual in the household fails to comply with work registration requirements, the individual is disqualified and if the remaining household members are otherwise eligible, the review can be approved with the noncomplying individual’s participation as DW.
- If the household fails to provide verification of expenses, the review is processed without the unverified expenses.
Examples:
- A household certified through April 30th files an application for review on April 17 for May. The application for review is denied for failure to provide verification (other than expenses) on May 17 (30th day). If the household provides the verification after May 17 but on or before May 31, the application for review that was denied must be registered with a benefit start date equal to the date the verifications were provided.
If the household provides the verifications on June 1 or later, the household must file a new application.- A household certified through February 28th files an application for review on February 17 for March. The application for review is denied for failure to provide verification (other than expenses) on March 19 (30th day). If the household provides the verification after March 19 but on or before March 31, the application for review that was denied must be registered with a benefit start date equal to the date the verifications were provided.
If the household provides the verifications on April 1 or later, the household must file a new application.
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For households that have failed to appear for an interview: The worker must have sent the Notice of Missed Interview.
If the household failed to schedule a second interview or a subsequent interview is postponed at the household's request or cannot be rescheduled until after the 20th day but before the 30th day, the household must appear for the interview, bring verification and register members for work by the 30th day; otherwise the delay is the fault of the household. As a result of not appearing for the interview until after the 20th day, the household has until the 30th day to provide the needed verifications (other than expenses).
If the household fails to appear for the interview, provide verification (other than expenses), the review must be denied. If the required action is taken after the 30th day but before the end of the month following the last month of the review period, the same Application for Review form is used and registered as an application. The application date is the date required action was completed as benefits are prorated from that date and expedited processing standards may apply.
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If the household failed to appear for the first interview and a subsequent interview is postponed at the household's request until after the 30th day following the date of application for review, the delay is the fault of the household.
The review must be denied on the 30th day using the Notice of Eligibilty. If the household appears for the interview after the 30th day but before the end of the month following the last month of the review period, the same Application for Review form is used and registered as a new application. The application date is the date required action was completed as benefits are prorated from that date.
If the household takes the required action by the end of the month following the last month of the review period, do not require a review received after the expiration of the review period. The same Review form is used and registered as a new application. The application date is the date required action was completed as benefits are prorated from that date and expedited processing standards may apply.
Examples:
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Household files an application for review on January 25th for February benefits and an interview is scheduled for February 1st. The household fails to show for the interview and the Notice of Missed Interview is sent on February 2nd. The review is denied on February 24th for failure to complete the interview.
On March 15th, the household contacts the county and requests an interview. Because the review period ended January 31st delays in processing do not apply. If the household is interested in future benefits, a new application is required.
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Household files an application for review on January 28th for February benefits. No interview is required for this review and the Request for Verification is sent to the household requesting verification of January income. The household fails to respond to the pending notice and the review is denied on February 28th for failure to provide information.
On March 22nd the household provides verification of January income. Because the review period ended January 31st, delays in processing do not apply. If the household is interested in future benefits, a new application is required.
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Household files an application for review on March 1st for March benefits and an interview is scheduled for March 11th. The household fails to show for the interview and the notice of missed interview is sent on that date. On March 25th, the household contacts the county and requests an interview. The household is interviewed on March 28th and the application is pended for verification of income. On March 31st (30th day) the review is denied for failure to provide information.
Because the review period ended February 28th, delays in processing do not apply. If the household is interested in future benefits, a new application is required.
- Household files an application for review in the last month of the review period. The application for review is denied on the 30th day for failure to provide information.
Sometime prior to the end of the month following the last month of the review period, the household provides verification of some but not all of the verifications previously requested. In this instance, the review is not re-registered as not all verifications requested have been provided. If the household is interested in future benefits, they must provide all of the verifications or reapply.
