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APPEALABLE ISSUES

ISSUE DATE: 06/2011

Clients, former clients, and authorized representatives may appeal any action by the county agency which affects benefits, program participation, or program requirements. Although some issues are not appealable, forward ALL appeal requests to the DHS Appeals Office within 5 days of receiving the request. The Appeals Office will decide if an issue is appealable and convene a hearing.

Commonly appealed actions for all programs include:

Denial, suspension, reduction, or termination of assistance.

Benefit determinations.

Denial of a good cause exemption.

The county agency not acting on an application within the timeliness standards in 0005.12.15 (Application Processing Standards).

The basis for an overpayment, calculated amount of an overpayment, and the level of recoupment.



The Appeals Office may dismiss an appeal request if:

The appellant withdraws it.

It is not received within the timeliness standard in 0027.09 (Appeal Requests).

The client, financially responsible person, or representative fails to appear for a hearing and cannot show good cause for doing so.

DHS has no jurisdiction to hear the appeal.

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