B-1040, Timely Action on Fair Hearings

Revision 15-4; Effective October 1, 2015

All Programs

Hearing decisions must comply with federal law and regulations and be based on the evidence and testimony of the hearing.

Once the fair hearing has been held and a decision rendered, the hearings officer records the decision in TIERS, and a TLM task is created and routed to the Fair Hearings Centralized Representation Unit TLM Global Queue for processing.

  1. If the decision is reversed, a Process Fair Hearings Reversal Decision for (Program/TOA) TLM task is created and routed to the CRU TLM Global Queue.
  2. If the decision is sustained, a Fair Hearings Sustain Decision for (Program/TOA) task will be created and routed to the CRU TLM Global Queue for processing.
  3. A Fair Hearings Decision Issued for (Program/TOA) task will be created for issued decisions that do not typically require an agency action.

CRU will follow these procedures to timely implement the hearing officer's instructions:

If the hearing decision results in restored benefits, an increase in benefits for the current month and/or future months, and ... then ...
no additional information or verification is needed, ensure within 10 days from the date the decision task is received that:
  • benefits for future months are increased, and
  • all benefits the household is entitled to are provided.

Authorize restored Temporary Assistance for Needy Families (TANF) benefits in Eligibility or by manual issuance within 10 days from the date Form H4807, Action Taken on Hearing Decision, is received.
additional information or verification is needed, send the individual Form H1020, Request for Information or Action, within 10 days from the date the decision task is received. List on Form H1020 the specific information/verification needed in order to provide benefits.
 

If the individual:

  • provides all of the requested information and verification, then increase benefits for future months and/or provide benefits for the current/past months within three workdays from receipt of the information/verification;
  • provides part but not all of the requested information and verification, then increase benefits for future months and/or provide benefits for each month for which information/verification is provided within three workdays of receipt of the remaining information/verification; or
  • fails to provide the requested information and/or verification, then follow the normal eligibility determination process in B-600, Changes, and complete/deny the EDG without the missing information/verification.

 

Notes:

  • Upon the individual's request, CRU will offer reasonable assistance in obtaining the necessary verification. The individual's statement is acceptable as verification if no other documentary or collateral information is available.
  • Restored benefits are not denied for any months solely because a person outside the household refuses to cooperate in providing verification.

SNAP

  • Benefits are not restored for any months more than 12 months prior to the date a fair hearing was requested.
  • If the hearing officer authorized restored benefits, TIERS sends Form H1825, Entitlement to Restored Benefits, to the household, along with a copy to the hearing officer, when benefits are approved either in Eligibility or by manual issuance.

 

B—1041 Completing and Reporting Timely Action on Fair Hearings

Revision 15-4; Effective October 1, 2015

SNAP

Once all restored and/or supplemental benefits have been issued, the advisor must:

  • enter all decision implementation information in TIERS in the Decision Implementation page;
  • clear any delays entered in the Implementation Delay page; and
  • enter all necessary information in the Implementation Details page and submit for supervisor review.

The supervisor must:

  • review the EDG information and all supporting documentation in accordance with agency procedures and time frames; and
  • approve the Implementation Details page.