Ineligibility Due to Other Factors NOT Covered in the Hearing

The issues at the hearing shall be limited to those issues which are reasonably related to the request for hearing or those issues identified by either the county or the claimant which they have agreed, prior to or at the hearing to discuss.

Compliance means that the County has taken definitive action to issue the aid or services to which the claimant was found eligible. In many cases, the phrase “as otherwise eligible” is used in the decision order. This may result in a determination that the claimant is not eligible for aid because of some eligibility factors not covered in the appeal. In such cases, it is a requirement of compliance that an adequate notice of action be issued to the claimant advising him/her of the County’s decision. Further appeal may be possible, unless the claimant waives the right to an adequate NOA and the county and client agree to discuss the substantive issues.

Note: Potential overpayment may occur if benefits are restored/rescinded as a result of the Hearing or AR decision but there are other ineligibility factors not covered.

Related Topics

Appeals General Information - Background