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Department
of Human Services Families
First Online Policy Manual Appeals and Fair Hearings |
Revised: |
40.9 |
WITHDRAWING AN APPEAL |
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If the appeal is resolved in favor of the
appellant, the appellant will be informed of the same and will not have to
withdraw the appeal in writing. If the
appellant is satisfied with an adjustment or explanation of the reason for
the action by local or district staff or by the Division of Appeals and
Hearings Conciliation Unit, he/she will be given the opportunity to withdraw
the appeal at any point during the appeal process. The appellant should complete and sign a Withdrawal of Appeal form,
giving the reasons for the withdrawal.
This explanation should be done in his/her own handwriting and words,
if at all possible. If the appellant wishes to withdraw the appeal but does not want to
sign the form, the caseworker or Division of Appeals and Hearings worker will
complete it and attach the appellant’s written statement. The caseworker or Division of Appeals and Hearings worker will
complete the Withdrawal of Appeal form, giving the reason for the
withdrawal. The caseworker or Division
of Appeals and Hearings worker must: ·
Explain any
action being taken on the case. ·
The dates of
the action. ·
The facts
upon which the action was based. ·
Cite
applicable laws or regulations. ·
Any
admissions, stipulations or agreements between the appellant and the agency. If benefits are being restored, the amounts and effective dates of
those benefits must be included, as well as copies of budgets if there were
changes in income, need, or AU composition. |
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