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Radcliffe v. Coye et al.
Issue
Radcliffe v Coye et al. identifies whether all MC applications based on disability be determined timely, which is within a 90-day period. If delays do occur, all MC applicants, including those who simultaneously have a pending disability case at the Social Security Administration, must be informed of any delays that may occur in the processing of their disability based MC application via a status letter.
Decision
The following actions are required as a result of the settlement agreement:
- The state will continue to monitor the number of days DDSD applications are pending for a period of time and report that information to the plaintiffs.
- DDSD referral packets must be sent to DDSD no later than 10 calendar days after the receipt of the Statement of Facts or other statement of disability is received, except in the event of a delay due to circumstances beyond the control of the EW.
- DDSD must send a 90-day status letter to the customer when the case is in their possession and a disability decision will not be reached within 90 days.
- The EW must send a “90-Day DDSD Status Letter” (MC 179) when the DDSD packet has not been submitted to DDSD by the 80th day.
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