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VIRGINIA DEPARTMENT

OF SOCIAL SERVICES ENERGY ASSISTANCE

06/07 VOLUME IX, CHAPTER F, PAGE 3

4. APPEAL REQUEST

A fair hearing may be requested by a claimant or by a person acting as his/her authorized representative (such as a relative, friend, or attorney), if he/she wishes the opportunity to present his/her case to a higher authority because of dissatisfaction with the decision by an LDSS. This request must be in writing.

The Appeal to State Department of Social Services form is to be made available to the applicant when an appeal is requested. LDSS must help the claimant submit the request and prepare the case, if necessary. Although appeals to the State agency will normally be by use of the Appeal Form, a written request sent directly to the State agency by a claimant or his authorized representative, clearly indicating the wish to present his/her case to a higher authority will be considered a fair hearing request. The request may be submitted to the LDSS or directly to:

Hearing and Legal Services Manager Appeals and Fair Hearings Unit Virginia Department of Social Services 801 East Main Street Richmond, VA 23219-3301

Upon request, the LDSS shall make available information from the case file for the applicant to determine whether a hearing should be requested or to prepare for a hearing, provided that confidential information is protected from release.

An appeal of the LDSS action must be made within 30 days following receipt by claimant of the written Client Notice of Action informing him/her of the action on his case.

The requirement of filing within the time limit is met if the request for appeal is received in the state or local department of social service or is postmarked by the end of the 31st day following the date of the LDSS notice.

TRANSMITTAL #07-1