1. Poverty Law 1 Appeals and Hearings, Adjunct Professor Monica Bogucki, BSW, JD 2019 copyright Monica Bogucki

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

3. 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

4. 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,

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

6. Human Services Judge Commissioner of Human Services
State District Court
Commissioner of Human Services
Human Services Judge
State Appellate Courts

7. Administrative Case Database
State of Minnesota Department of Human Services, Appeals Division, Case Database

8. 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: Legal basis and Factual basis
Participant’s right to appeal the action
Tell about the continued benefits pending appeal
Mail to last known address

9. What are continued benefits pending appeal?
What are the benefits to the client?
What are the disadvantages to the client?
Minn. Stat 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.

10. What constitutes an appeal?
How do you appeal?
What constitutes 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

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

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

13. 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

14. Pre-hearing conferences
Client is entitled to pre-hearing conferences
Minn. Stat 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……

15. Appeal Agency Summaries
Minn. Stat 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

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

17. Ex parte Contact
No Ex parte Contact, Minn. Stat , subd. 9
Human Services Judge shall not have ex parte contact on substantive issues with the agency, any person or witness

18. Interactive Video Technology vs. face-to-face hearing Minn. Stat. 256
Interactive Video Technology vs. face-to-face hearing Minn. Stat subd. 10
Right to face-to-face hearing
If the 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 subd. 4

19. Access to files Access to files Right to complete file
Right to a free copy of file
Minn. Stat , subd. 2

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

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

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

23. 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. .

24. 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.

25. 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.

26. September 19, 2019
Dan Johnson
th Avenue South
Minneapolis, MN 55404
Dear Mr. Johnson,
Your MFIP benefits are being terminated on October 1, We are terminating your benefits because you did not give use the proper verification.
Sincerely,
Ms. Jones, Financial Worker

27. 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.

28. 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.

29. Fraud Issues Civil Issues, Overpayment
Administrative Disqualification Hearings, Minn. Stat
Criminal Action, Minn. Stat , Wrongfully Obtaining Public Assistance
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.

30. Judgements by Operation of Law
Overpayments become a judgment by operation of law 90 days after notice of overpayment is personally served upon the recipient in a manner that is sufficient under rule 4.03(b) of the Rules of Civil Procedure for district courts, or by certified mail, return receipt requested. This judgement shall be entitled to full faith and credit in this state and any other state.
Minn. Stat

31. Options for county
Terminate benefits

32. Recoupment from existing grant
Options for county
Terminate benefits
Recoupment from existing grant
Recoupment Agreement
Revenue Recapture
Civil overpayment

33. Administrative Disqualification
Terminate benefits
Terminate Benefits
Civil overpayment AND
Administrative Disqualification

34. Options for County Terminate benefits Civil Overpayment AND
Criminal Fraud

35. Administrative Disqualification
Options for County
Terminate benefits
Administrative Disqualification

36. Options for County
Terminate Benefits
Criminal Fraud

37. 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

38. Reconsideration
Person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered.
Minn. Stat , subd. 5