(Revised 10/01/16 ML3479)
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IM 5341
Households that are ineligible must be sent a notice of denial as soon as possible, but no later than 30 days following the date the application for review was filed. If the 30th day falls on a weekend or a North Dakota Department of Human Services holiday, the application for review must be denied on the next working day following the 30th day. The household must file a new application if further program consideration is desired.
If a household has failed to appear for an interview and has made no further contact with the worker to express an interest in pursuing the application for review or failed to provide verification, the worker must send the household a notice of denial on the 30th day following the date of application. If the 30th day falls on a weekend or North Dakota Department of Human Services holiday, the application must be denied on the next working day following the 30th day. If the household schedules an interview or provides the verifications after the 30th day but before the end of the month following the last month of the review period, Delays in Processing at 430-05-35-20-20 apply.
County agencies have the option to deny a review when a household fails to provide required verification(s) within 10 days of the date of the request for verifications.
Before denying prior to the 30th day, the household must have:
- Completed the interview, if required
- Been notified of the missing verification(s) and the date the verifications are required,
- Been allowed 10 days to provide the missing verification(s), and
- Been offered or provided assistance to obtain the verification(s) as required.
When additional verification(s) are needed to process the review, the review must be pended for the verification(s). The household must be informed of the date they are required to provide any missing verification(s). If the information is not provided, the review can be denied prior to the 30th day. The F301 –Additional Information notice may be used to request missing verification(s).
Notice F204-Failure to Provide Information at Review or F244 – Failure to Provide Information at Review after Review Period Expired must be sent to the household when denying the application.
Pending Information Provided Within 30 days
If the review was denied early and the household provides the missing verification(s) within 30 days of filing the review, the county must revert the case to open and determine eligibility. The application date is the date the review was received.
EXAMPLE:
A review is received on May 1 and the interview completed on May 5th. Verifications are requested and notice F301- Additional Information is sent informing the household they have until May 15th to provide the verifications.
The household fails to provide the verifications and the review is denied on May 16th. On May 20th the household provides all of the requested verifications. The case must be reverted to open and the review is reprocessed using the verifications provided by the household. Eligibility must be determined by the end of the current review period for the new certification period and the appropriate notice sent by the last day of the review period.
If the household files an application for review before the end of its current review period and provides the missing verification(s) after the end of the current review period, Delays in Processing at 430-05-35-20-20 apply.
If verification of deductible expenses is not provided within 10 days of the date of the pending notice, the household must be advised that eligibility and benefit level may be determined without allowing a deduction for the unverified expense and the review may be processed prior to the 30th day.
If the household provides the deductible expense within 30 days of the date of review, the review must be reprocessed. This may result in an underpayment if the processing month has already been issued to the household.
If an individual in the household fails to comply with work registration requirements within 10 days of the interview and the remaining household members are otherwise eligible, the review can be approved with the noncomplying individual’s participation as DW prior to the 30th day.
If an individual in the household complies with the work registration requirement within 30 days of the date of review, the review must be reprocessed. This may result in an underpayment if the processing month has already been issued to the household.
