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Denied Applications 1.5.7 IMA must give each applicant whose application has been denied a clear, concise written statement of the reasons for the denial within three (3) business days of the denial. Each written notice should also inform the applicant of the right to an administrative review and fair hearing to contest the denial, and the steps the applicant may take to seek review.
APPEALS 1.6 Each applicant has the right to appeal a denial of burial or cremation assistance. The applicant may request a fair hearing either orally or in written form. This request must be accepted by any staff person within ESA.
Except as indicated below, the hearing process outlined in Part VIII: Chapter 7, Case Maintenance: Grievances and Fair Hearings should be used.
The applicant shall have ten (10) calendar days from the date of the denial notice to file an appeal. An administrative review shall be held, unless waived by the applicant, as soon as possible but no later than ten (10) business days following the request for a hearing.
ESA shall not be represented by an attorney at the hearing or administrative review, unless the applicant is represented by an attorney.
ESA shall take all reasonable steps to hold a hearing, make a final decision, and where the decision is to grant benefits, provide burial assistance in a timely manner. In cases where a decision favoring the applicant is made, payment must be issued within thirty business days of completion of the administrative review or hearing.
VERIFICATION 1.7 The SSR should verify the following information:
• the identity of the deceased; • the address of the deceased; • resources of the deceased; • net earned and unearned income of the deceased; • net income and resources of the relative(s) that are financially responsible; • household composition, when questionable; and • the cost of the funeral.
No information already entered in ACEDS needs to be verified further. Thus, if the deceased was a current recipient of TANF, SSI, FS, GS, or MA and information about his/her income and assets are in ACEDS and matches the information provided by the relative filing the application, further verification of the deceased's financial circumstances should not be requested. Similarly, if the financially responsible relative (spouse or parent) is a current recipient of TANF, SSI, GS, FS, or MA, information already in ACEDS should not be verified.
In some circumstances, relatives may have difficulty providing needed verification. In these cases, verification requirements can be waived if the information provided by the relative filing the application does not appear questionable.