207 Delays in Processing

A. Determining Cause If the county department does not determine a household’s eligibility and provide an opportunity to participate within 30 days following the date the application was filed, the county department shall determine if the cause of the delay is the fault of the household or the county department. The delay shall be considered the fault of the household if the household has failed to complete the application process even though the county department has taken all the action it is required to take to assist the household; such action consists of the following: 1. For households that failed to complete the application form, the county department must have offered, or attempted to offer, assistance in its completion. 2. If one or more members who were required to register for work have failed to do so, the county department must have informed the household of the need to register for work, determined if the household members are exempt from work registration, and given the household at least 10 days from the date of notification to register these members. 3. In cases where verification is incomplete, the county department must have provided assistance as required and allowed the household sufficient time to provide the missing verification. Sufficient time shall be at least 10 days from the date of the county department’s initial request for the particular verification that was missing. 4. For households that have failed to appear for an interview, the county department must notify the household that it missed the scheduled interview and that it is responsible for rescheduling a missed appointment within 30 days from the date the application was filed. a) If the household fails to schedule a second appointment, or the subsequent interview is postponed at the household’s request or cannot otherwise be rescheduled until after the 20th day but before the 30th day following the date the application was filed, the household must appear for the interview, bring verification, and register members for work by the 30th day; otherwise the delay shall be the fault of the household. b) If the household fails to appear for the first interview, fails to schedule a second interview, and/or the subsequent interview is postponed at the household’s request until after the 30th day following the date the application was filed, the delay shall be the fault of the household. c) If the household has missed both scheduled interviews and requests another interview, any delay shall be the fault of the household. If the household fails to comply with the above requirements, deny the application on the 30th day following the date of application. Reopen the denied food assistance application if the denial was caused by the delay of the household and the household provided all necessary information within 60 calendar days from the original application date. Delays that are the fault of the county department include, but are not limited to, those cases where the state agency failed to take the actions described in the items above. B. Delays Caused by the Household If by the 30th day the county department cannot take any further action on the application due to the fault of the household, the household shall lose its entitlement to benefits for the month of application. On the 30th day following the date the application was filed, a Notice of Denial/Pending Status shall be sent to the household explaining the reason for the denial and what actions the household must take in the second 30 days in order to reopen their case. (See Forms Manual for instructions.) As a Notice of Denial was issued on the 30th day, the application has been processed within the standard of promptness and is not delinquent. 1. If the 30th day falls on a weekend or holiday and the requested information is received on the first workday after the weekend or holiday, benefits shall be prorated from the date the information is received. The household shall be given an additional 30 days to take the required action, such as providing requested verification or registering for work those members who were required to register, but did not. 2. If the household takes the required action within the second 30-days, the county department shall reopen the case without requiring a new application. When the household is at fault for the delay in the first 30-day period, but is found to be eligible during the second 30-day period, the county department shall provide benefits only from the month following the month of application. Benefits must be prorated from the date the household takes the necessary action to enable the application to be processed. The household is not entitled to benefits for the month of application when the delay was the fault of the household. 3. If the household does not take the required action within the second 30-days, no further action by the county department is required. C. Delays Caused by the County Department Whenever a delay in the initial 30-day period is the fault of the county department, the county department shall take immediate corrective action. The county department shall not deny the application if it caused the delay, but shall instead notify the household by the Notice of Denial/Pending Status, on the 30th day following the date the application was filed that its application is being held pending. Although the Notice of Denial/Pending Status is issued on the 30th day, the application is still considered delinquent as the county department has not determined the household’s eligibility by the 30th day. If the household is found to be eligible during the second 30-day period, the household shall be entitled to benefits retroactive to the month of application. If, however, the household is found to be ineligible, the county department shall deny the application. D. Delays beyond 60 Days If the county department is at fault for not completing the application process by the end of the second 30-day period, and the case file is otherwise complete, the county department shall continue to process the original application until an eligibility determination is reached. If the household is determined eligible, and the county department was at fault for the delay in the initial 30-days, the household shall receive benefits retroactive to the month of application. However, if the initial delay was the household’s fault, the household shall receive benefits retroactive only to the month following the month of application. The county department shall use the original application to determine the household’s eligibility in the months following the 60-day period. If the county department is at fault for not completing the application process by the end of the second 30-day period, but the case file is not complete enough to reach an eligibility determination, the county department may either continue to process the original application, or deny the case and notify the household to file a new application. If the case is denied, the household shall also be advised of its possible entitlement to benefits lost as a result of county department causing the delay. If the county department was at fault for the delay in the initial 30- days, the amount of benefits lost would be calculated from the month of application. If, however, the household was at fault for the initial delay, the amount of benefits lost would be calculated from the month following the month of application. If the household continues to be at fault for not completing the application process by the end of the second 30-day period, the county department shall require the household to file a new application if it wishes to participate. The household is not entitled to any lost benefits. If the delay in the initial 30-days of the application had been the fault of the household, the household is not entitled to retroactive benefits for the first 30-days nor can their case be reopened after the second 30-days. The county department does not send a second denial at the end of the second 30-days.