Work First 264 - Notice and Hearings Process

A. Automated Process

B. Manual Process

VI. TIMELY NOTICE

When you reduce or terminate assistance, the recipient has a right to a written timely notice informing him of the intended action. Do not take action to reduce or terminate assistance until 10 workdays following the date of the notice. For Child Support Non-Cooperation sanctions, the timely notice (DSS- 8110) must be sent within 10 workdays from the first time the individual appears on the Caseworker IV-D Work List. Refer to Work First Policy Section 120.

A. Automated Process

When you terminate or reduce assistance using timely reason codes, EIS automatically produces the timely notice except in those situations listed in B. below. In these situations, override the automated notice.

1. To produce an automated timely notice, complete the DSS-8125 as instructed in the Appendices for the specific action you are taking. When the DSS-8125 processes, the notice is produced, and the termination or reduction of assistance is put “on hold” in EIS until the 11^theworkday following the date of the notice. Unless you take one of the actions in 3. below, the termination or reduction of assistance takes place in EIS on the night of the 11^th workday.

For a termination or reduction in assistance, enter on the DSS-8125 the appropriate timely reason code listed in the Work First User’s Manual. This code determines the text to be printed on the notice.

2. Automated Timely Notice Dates

All counties’ schedules of workdays are maintained in EIS so that the date of the notice and the timely notice period will be accurate for each county.

The date of the notice is the next county workday after the DSS-8125 processes.

EXAMPLE: The DSS-8125 is keyed on July 6 (Friday). The notice is dated July 9 (Monday).

The timely notice period begins the day after the date of the notice.

EXAMPLE: The DSS-8125 is keyed July 6 (Friday). The notice is dated July 9 (Monday). The timely notice period begins on July 10. Therefore, the 10^th county workday is July 23, and the action takes place on July 24.

3. Rescinding the Notice by Taking Another Action

If during the timely notice period you must change the proposed action for the same effective date, you must:

a. Complete and key a second DSS-8125 as instructed in the EIS Manual.

b. Use the appropriate change or termination code listed in the Appendices.

c. If a timely change or termination reason code is entered into EIS, another timely notice is produced.

d. If an adequate change or termination reason code is entered into EIS, an adequate notice is produced.

e. Key the second DSS-8125 no later than the 11^th workday from the date of the notice.

4. Making Changes During the Timely Notice Period

Certain case changes not affecting the amount of assistance can be entered into EIS during the time the timely action is pending. These include address changes and changes to individual data.

5. Late Keying of the DSS-8125

If a DSS-8125 is keyed too late in the month to make the termination or change effective the date entered on the form, EIS changes the effective date.

EXAMPLE: A DSS-8125 showing a termination date of July 31 with a timely reason code is keyed on July 13. Pull cutoff is July 26; the 11^th workday is July 31. Since the 11^th day is after pull-cutoff, EIS changes the effective date of the termination to August 31.

This change is indicated on the Notice Register by an asterisk (*) beside the ACTION EFF DATE. See VIII. below.

B. Manual Process

Always complete and mail a manual notice (DSS-8110) when you are:

Deleting an individual but the payment increases.

Using the termination or change reason code “other.” (See Appendices.)

Terminating a case that has an incorrect address in EIS.

Complete the following information on the DSS-8110:

1. Enter the county name and the date mailed.

2. What The Change Is

Indicate all types of assistance modified or terminated.

When you are aware that a modification or termination takes place at the same time for Work First and Food Stamps, send the notice required by Food Stamp policy. See Food Stamp Certification Manual Section 400.

When Work First terminates, enter “Your Work First check will stop effective _____________." Enter the effective date of the termination. (Terminations are always the last day of the month.)

When Work First terminates and the recipient is eligible for one, four, or twelve months continued Medicaid coverage, enter the phrase "You will continue to receive Medicaid coverage through the month of." Enter the appropriate month.

When Work First and Medicaid coverage terminate in the same month and the recipient is ineligible for continued Medicaid coverage, also enter "Your Medicaid coverage will stop effective __________." (Terminations are always effective the last day of the month.)

When Work First is being modified, enter "Your Work First check will now be $ effective ." Enter 'Your Medicaid coverage will continue."

When you appoint a protective payee, enter the name of the person, the reason the protective payee was appointed, and the effective date the check will begin to go to the protective payee.

If a replacement check is denied, enter "Your request for a replacement check is denied because handwriting analysis indicates that the original check was not forged."

3. Why The Change Will Be Made

Enter the reason why the recipient's benefits are being changed or terminated. Ensure that the reason is written in terms that the recipient can understand.

4. When The Change Will Happen

Enter the date the change in benefits takes place. The effective date for a change in the amount of the Work First benefits is the first day of the month. The effective date for termination of the Work First benefits is the last day of the month.

5. “The state regulations requiring this action are found in”

Enter "Work First Manual" as the State regulations to make this decision, unless some other document is used to make this decision, (such as a DSS Administrative Letter). If so, enter the name of the document after the phrase.

6. Hearing Rights

Enter the 60^th calendar day in the space provided under ”Hearing Rights”. Day one is the day following the day the notice is mailed or given to the applicant. If the 60^th calendar day falls on a non-workday, the applicant has until the end of the next workday to request a hearing.

Check the block beside the statement: “If this block is checked, and if you contact your caseworker by ____________ to ask for a hearing, you will keep your benefits until the first hearing decision, unless you waive this right.” Enter the 10^th workday in the space in the above statement. Day one is the next workday following the day the notice is mailed is given to the recipient. (This date is the day that you will take the necessary action to terminate or modify assistance.)

If the recipient requests a hearing during the 10 workday period, reinstate the case unless the recipient waives his right to continued benefits at the current payment level. Complete and key the appropriate computer input document. Authorize assistance at the same level as the last Work First payment received. The recipient’s signature is not required on the application. Document in the case record that assistance is being reinstated at the recipient’s request pending a hearing decision.

7. Enter the caseworker name, the agency phone number, and the agency mailing address.

8. Use the “For Office Use Only” area to enter the applicant’s county case number, EIS Case ID, and the aid program/category.

9. Give or mail the original to the recipient. File a copy in the case record.

For questions or clarification on any of the policy contained in these manuals, please contact your local county office.