Department of Human Services

Families First Online Policy Manual

Appeals and Fair Hearings

Revised:

40.8

INTERIM ADJUSTMENTS

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While the appeal is pending, the county office or the Division of Appeals and Hearings will take any action on the case needed to correct an error or to reflect changes in the AU’s circumstances or in agency policies.  Written notice of each change and advance notice, if required, must be given prior to the change.

 

In an appeal case where medical disability is the issue, the supervisor, the appellant or his/her representative, and the caseworker must hold a conference to determine if more medical and/or social information can be obtained.  If no new information can be obtained, the caseworker will then process the appeal form.

 

If more pertinent social and/or medical information is obtained, the appellant may request that his/her medical file be re-evaluated by the MEU prior to the hearing.  The appellant must sign an original and three copies of the Consent for Delay form.  The original copy should be held by the county office; one copy will be sent to the District Family Assistance Director; one copy will be sent to the Division of Appeals and Hearings; and one copy attached to the medical record that is sent to MEU.  The case should include a letter explaining that the case is in appeal status.  The MEU will then give prompt attention to the request for review and will respond with a decision.

 

If the MEU decides in favor of the appellant, the appellant will be asked to sign a Withdrawal of Appeal form.  If the MEU does not decide in the appellant’s favor, then the appeal process will continue.

 

In an appeal case where medical incapacity is the issue, the supervisor, the appellant or his/her representative, and the caseworker must hold a conference to determine if more medical and/or social information can be obtained.  Any new information should be acted upon.  The appellant may choose to continue or discontinue the appeals process whether or not new information is presented at the conference.

 

If more pertinent social and/or medical information is obtained, the appellant may request that his/her medical file be re-evaluated by the MEU prior to the hearing. The case should include a letter explaining that the case is in appeal status.  The MEU will then give prompt attention to the request for review and will respond with a decision.

 

If the MEU decides in favor of the appellant, the appellant will be asked to sign a Withdrawal of Appeal form to withdraw the appeal.  If the MEU does not decide in the appellant’s favor, then the appeal process will continue.

 

Glossary

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