Right to Appeal and Fair Hearing 448-01-30-10

(Revised 12/1/12 ML #3352)

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IM 5344

 

 

 

An applicant, recipient or authorized representative has the right to request a fair hearing in writing when they disagree with any action that affects eligibility the benefit level, or both, even if they are no longer residing in North Dakota. SFN 162 – Request for Hearing should be used, however, it is not mandatory.

NOTE: An applicant or recipient is not entitled to a fair hearing 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.

 

If the request is not submitted on the SFN 162, the applicant or recipient must identify the assistance program involved and the action that affected their eligibility the benefit level or both. Upon receipt of the request, the county must complete an SFN 162, Request for Hearing, based on the information available. (Refer to Section 448-01-30-20 for the instructions on how the eligibility worker completes the SFN 162 when the request for a fair hearing is not received using the SFN 162).

 

In addition to a written request, SNAP allows an individual to appeal a decision verbally. If there is a verbal request for appeal, the eligibility worker must document the request and the date received, and complete the procedures necessary to start the hearing process without requiring the household to provide the request in writing. Verbal requests must be clear expressions made by the applicant or recipient or their authorized representative to an employee of a county social service office or the Department to the effect that they wish to appeal a decision.

 

If an applicant or recipient dies before a request for a fair hearing is filed, the appointed representative of the estate, or any successor of the applicant or recipient if no representative has been appointed, may file a request for appeal.

 

For specific program policies and timeframes for appeals, see program policies:

 

• SNAP 430-05-70, Fair Hearings

 

• Medicaid 510-05-25-30, Appeals

 

• Healthy Steps 510-07-15-40, Appeals

 

• TANF 400-19-125, Appeals and Fair Hearings

 

• CCAP 400-28-155, Appeals and Fair Hearings

 

• LIHEAP 415-05-20, Right to Appeal and Fair Hearing

 

If an applicant or recipient contacts the eligibility worker and disagrees with any action that affects eligibility or the benefit level or both, the eligibility worker must conduct a review to ensure the action taken was correct. This review and explanation to the applicant or recipient may avoid a request for hearing. However, the individual still has the right to appeal.