《-FINALAPPEALS2203最后的上诉.docx》由会员分享，可在线阅读，更多相关《-FINALAPPEALS2203最后的上诉.docx（2页珍藏版）》请在三一文库上搜索。
1、.HEARINGSFINAL APPEALSAPPENDIX B - FINAL APPEALSREQUIREMENTIf the A/R disagrees with the initial decision they have the right to request a final appeal of an initial decision.BASIC CONSIDERATIONSAU Appeals the Hearing DecisionPROCEDURESProcessing a Final AppealStep 1(AU)Step 2(AUThe Appeals Reviewer
2、 in the Legal Services Office (LSO) of the Department of Human Resources (DHR) conducts all final appeals. The Appeals Reviewer reviews the initial hearing decision, all related materials, and renders a final decision. LSO notifies all parties of the final decision.The AU or representative has the f
3、ollowing rights:· To appeal an initial decision within 30 days from the date of the notice.· To submit additional written argument and/or documentary evidence.The A/R may pursue judicial review of a decision in the agency=s favor without first appealing to the LSO for final appeals.The A/R
4、 has the right to request continuation of benefits pending a final appeal decision. Use Chart B3 to determine eligibility for continuation of benefits pending a final appeal decision.Follow the steps below if the AU or the county requests a Final Appeal of the initial decision.The AU requests an app
5、eal through LSO or the county department, which forwards request to LSO.LSO reviews the AU Appeal, renders a final decision and notifies all parties. THE AU APPEAL PROCESS ENDS.:VOLUME III - FS MT 23 - 03/08 APPENDIX B - PAGE B-15Use the following chart to determine whether to continue, reinstate or
6、 change benefits pending review of a hearing decision by DHR Legal Services Office (LSO) Appeal Reviewer.CHART B3 - CONTINUATION OF BENEFITS PENDING A FINAL APPEAL DECISIONIf the A/R Requests a FINAL APPEALTHENwithin 30 days of the hearing decision and chooses to continue benefitscontinue any benefi
7、ts previously continued pending the INITIAL hearing decision.and claims good cause for not appealing during the 30 day time periodreinstate benefits only after approval by the Appeal Reviewer.and the hearing decision determines that the issue was federal law, regulation or policy & benefits have
8、 been reduced or terminateddo not reinstate benefits.and a change affecting eligibility occurs while the final appeal decision is pendingchange the benefits appropriately unless the A/R requests a hearing on the subsequent change.and a change results in benefits not being reduced to the amount in th
9、e hearing decisionadjust the benefits without waiting for the final appeal decision and notify the Appeal Reviewer.and a mass change is required while the final decision is pendingchange the benefits appropriately and notify the Appeal Reviewer. Continuation or reinstatement is appropriate only if the Appeal Reviewer determines that the mass change is incorrectly applied.on an IPV disqualificationDo not reinstate benefits at the level prior to the disqualification.NOTE: Pend the outstanding claim and reinstate benefits to the level prior to recoupment, at the AU's request.