Connecticut Department of Social Services Uniform Policy Manual: 1570.30 Fair Hearings - Appeals

CONNECTICUT DEPARTMENT OF SOCIAL SERVICESPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 02-13-01 Transmittal: UP-01-04 1570.30 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD _______________________________________________________________ MA Subject: FS Appeals ______________________________________________________________________________

1570.30 A. Right to Appeal

The requester has the right to appeal a Fair Hearing decision to the court of jurisdiction.

B. Time Limit for Appeal

The requester must file his or her appeal within 45 days of the date the Fair Hearing official mails the notice of a decision to the requester, unless there is good cause to request an extension.

C. Extensions

1. The requester may request an extension of the time limit for filing an appeal for good cause provided the request:

a. is submitted in writing to the Department; and

b. is mailed no later than 90 days after the date on the Fair Hearing decision.

2. Good cause circumstances include, but are not limited to:

a. the requester's serious illness or incapacity which materially affects the conduct of personal affairs; or

b. death or serious illness in the requester's immediate family which precludes perfecting an appeal; or

c. incorrect or misleading information given to the requester by the agency regarding the time period; or

d. other unforeseen and unavoidable circumstances of an exceptional nature.

3. The Department's decision whether or not to grant an extension is final, not subject to review or appeal.

4. A decision to grant an extension is sent to the requester in writing.

5. The date the decision is mailed serves as the date from which the time limit to file an appeal is counted.

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 10-1-89 Transmittal: UP-89-46 1570.30 page 2 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD _______________________________________________________________ MA Subject: FS Appeals ______________________________________________________________________________

1570.30 D. Appeals Procedures

The requester must follow all appeal procedures described in state law, including the requirement to serve a copy of its petition to appeal upon the Commissioner's Office within 45 days from the date the Hearing official mails the notice of decision.