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106.2 TANF MANUAL 10/18 Page 4

F. Prior to the hearing, any material from the eligibility case record must be made available, upon written request, to claimant and/or his representative. The service case record shall not be introduced at the hearing; except that any material pertinent to the issue on appeal shall also be available, upon request, to claimant and/or his representative prior to the hearing. It is within the discretion of the hearing officer to designate what is pertinent to an issue on appeal and admissible as evidence during the hearing, including the entire case record if appropriate. However, where an appellant claims that his disability, or that of a household member for whom the claimant is responsible for care was the reason the individual was unable to comply with a program rule, information concerning the individual or family member’s disability in the appellant’s case must be considered pertinent to the hearing, and must be considered by the hearing officer.

Where an individual raises his disability, or that of a household member for whom the claimant is responsible for care, as the reason for non- compliance with a program rule, and the individual did not bring documentation to the hearing in support of this position, the hearing officer should offer the individual a reasonable amount of time to obtain documentation supporting this claim. If the individual is unrepresented at the hearing or represented by a lay person and the individual is unable to obtain verification, the hearing officer must direct the local agency to assist the individual in getting such documentation.

G. If, during the hearing process, the need for an adjustment in eligibility or payment status in favor of the claimant becomes evident, reconsideration or modification of the former decision will be made by the local agency.

For instance, new information may be presented, guidance may be clarified, or mathematical corrections may be needed. If such an adjustment is satisfactory to the claimant, he has the choice of withdrawing his appeal or of having a formal decision by the State Hearing Authority.

With respect to financial assistance, if such reconsideration or modification requires corrective action for prior months, payments are to be made by the local agency retroactively to the date the incorrect action on appeal became effective.

TANF Transmittal 65