Poverty Law 1 Appeals and Hearings Adjunct Professor Monica Bogucki, BSW, JD 2017 Copyright Monica Bogucki

Department of Human Services Appeals Appeals and Hearings Department of Human Services Appeals Who can appeal? Applicant Participant Former Participant Minn. Stat. 256J.40

What can be appealed Unfavorable Inaction i.e. delay in processing applications Sanctions Overpayments Unfavorable Action, reductions, suspensions, terminations, and denials Use of vendor payments Minn. Stat. 256J.40

What kinds of programs are covered under the DHS appeal process? MFIP-S Food Stamps Medical Assistance General Assistance Social Service appeals, ..... Minn.Stat. 256J.40, 256.045

Programs covered under the appeal process continued Minnesota Supplemental Aid Other Health Care- Minnesota Care Emergency Assistance,.... Administrative Disqualification Hearings Minn. Stat. 256.045, 256.046

State District Court State Appellate Court Commissioner Human Services Judge State Appellate Court

Administrative Case Database State of Minnesota Department of Human Services, Appeals Division, Case Database http://appeals.dhs.state.mn.us/ApppealsSear ch.aspx

County’s Responsibility to give notice County agency MUST give participant WRITTEN notice of all adverse actions affecting the participant Must state: Reasons for action Participant’s right to appeal the action Tell about the continued benefits pending appeal Mail to last known address

What are continued benefits pending appeal? What are the benefits to the client? What are the disadvantages to the client? Minn. Stat.256.045 subd. 10 and 256J.40, When the participant requests a fair hearing prior to the effective date of the adverse action or within ten days of the mailing of the notice of adverse action, whichever is later.

What constitutes an appeal?nstitutes an appeal? How do you appeal? What constitutes an appeal?nstitutes an appeal? Written request for hearing to state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days if one can show good cause. Minn. Stat. 256J.40 Appeal form-State of Minnesota https://edocs.dhs.state.mn.us/fserver/Public/DHS websDHS-0033-ENG-pform

Expedited Appeals for Emergency Assistance or other Urgent Matters County has a duty to promptly make a decision to resolve the emergency, Minn. Stat. 256.0451 subd.6 Agency summary must be issued within two days of receiving the request

Expedited Appeal Expedited hearing Must issue decision at earliest date to resolve emergency Commissioner must issue decision within 5 days of recommended decision

Fair Hearing Process Based on Goldberg v. Kelly, 397 U.S. 254 (1970) This case established the fair hearing process It has subsequently been adopted through federal regulations, state statutes

Pre-hearing conferences Client is entitled to pre-hearing conferences Minn. Stat. 256.0451 subd. 5 What is the purpose of a pre-hearing conference? Access files Access files, discuss subpoenas, testimony, expedited procedures, clarification of a legal issues, agreement to facts, scheduling……

Appeal Agency Summaries Minn. Stat. 256.0451 subd. 3 State facts, legal basis and attach exhibits Appellant must receive at least three working days before the date of the hearing Request continuance if not timely https://edocs.dhs.state.mn.us/lfserver/Public/DHS-0035-ENG

Interpreter Interpreter, Minn. Stat. 256.0451, subd. 12 Referee has a duty to inquire and determine if participant needs an interpreter If interpreter is needed, hearing must be continued

Ex parte Contact No Ex parte Contact, Minn. Stat. 256.0451, subd. 9 Appeals referee shall not have ex parte contact on substantive issues with the agency, any person or witness

Interactive Video Technology vs. face-to- face hearing Minn. Stat. 256 Interactive Video Technology vs. face-to- face hearing Minn. Stat. 256.0451 subd. 10 Right to face-to-face hearing If appellant or witness has a physical or mental disability that would impair their ability to fully participate in a hearing, then the hearing must be in person. Minn. Stat. 256.045, subd.4

Access to files Access to files Right to complete file Right to a free file Minn. Stat. 256.0451, subd. 2

What happens at a hearing? Informal Record is kept by a tape recording Referee, Usually in person hearing but can be a telephone hearing or interactive video technology hearing impartial decision maker Hearsay is allowed Subpoena

Client right to reimbursement of some expenses Minn. Stat. 256J.40, MFIP Child care Transportation Other reasonable and necessary expenses Also includes witnesses

County has a duty to reasonably accommodate clients American with Disabilities Act Rehabilitation Act of 1973

Examples Ann is 34 years old and has a severe mental health condition. She is living by herself and recently applied for general assistance program. Ann’s mental health diagnosis is manic depression. She has serious mood swings. She is currently very depressed and unable to get the application and verification completed in time. .

Example continued The county has denied her application for lack of verification from her employer. The county financial worker did not offer any assistance to Ann. Ann missed her 30 day appeal deadline by the time she came to your legal office. Please give Ann advice.

Dan is a single parent receiving MFIP benefits Dan is a single parent receiving MFIP benefits. He has a one-year-old child. Dan received the following notice in the mail.

September 19, 2017 Dan Johnson 1234 34th Avenue South Minneapolis, MN 55404 Dear Mr. Johnson, Your MFIP benefits are being terminated on October 15, 2017. We are terminating your benefits because you did not give use the proper verification. Sincerely, Ms. Jones, Financial Worker

Beth and her two children are receiving MFIP-S benefits. On Sept Beth and her two children are receiving MFIP-S benefits. On Sept. 3rd, Beth received a notice saying her MFIP benefits would be terminated on October 1st. On September 6th, Beth appealed her termination of MFIP benefits.

Beth forgot to put in her appeal that she wanted continued benefits pending appeal. Beth didn’t receive her October grant. Please give her legal advice.

Fraud Issues Civil Issues, Overpayment Administrative Disqualification Hearings, Minn. Stat. 256.046 Criminal Action, Minn. Stat. 256.98, Wrongfully Obtaining Public Assistance, and other Theft statutes Note change from 2011 special session-now cash is on separate EBT. It is a disqualification if the recipient uses cash benefits to purchase alcohol or tobacco.

Tennessen Warning Minn. Stat. 13.04 (a) the purpose and intended use of the requested data within the collecting government entity; (b) whether the individual may refuse or is legally required to supply the requested data; (c) any known consequence arising from supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. Minnesota Government Data Practices Act