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TANF POLICY MANUAL

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19.5 Fair Hearing Forms When the request is received, the A/R should complete a DSS Form 2633, Request for Fair Hearing, if possible. If the request is made orally, the CM must complete the DSS Form 2633 as completely as possible.

1. Types of Hearings The A/R may choose between a face-to-face hearing and a telephone hearing. If neither option is chosen, a telephone hearing will be scheduled. If the hearing official decides that a face-to-face hearing is necessary, one will be scheduled.

2. Submitting Request to Appeals Unit When the action the A/R wishes to appeal is not clear, the CM/ES Worker must ask the A/R to clarify the request; however, forwarding the request to the Appeals Unit must not be delayed beyond two working days after receipt of the request.

19.6 Fair Hearing Time Frames The A/R must request a fair hearing within 60 days from the date the written notification is sent, giving the decision with which the A/R is dissatisfied. A hearing request may also be made within 60 days in the following instances:

1. Failure to act on an application; 2. Change in benefits or method of payment; or 3. Failure to consider a request for adjustment in benefit amount.

19.7 Continued Benefits In order to receive continued cash benefits for TANF, the BG must request a fair hearing within the timely notice period and specifically request that benefits be continued at the level authorized immediately prior to the timely notice. If the individual is a WEI for the Work Program, the WEI must continue to participate in a work program activity to receive continued benefits. NOTE: Continued benefits do not apply to cases where the client is disputing a 24-month case closure.

1. Other Changes If a different change occurs, and the recipient fails to request a hearing with continued benefits after notice of the adverse action, cash benefits may be reduced or terminated pending the hearing decision.

2. Recovery of Ineligible Benefits The CM/ES Worker must explain to the BG at the time the fair hearing request is made that any benefits received ineligibly pending a decision adverse to the BG will be subject to recovery.

19.8 Denial Situations The CM/ES Worker cannot deny or dismiss a hearing request; however, the hearing officer may do so if any of the following situations occur: