If a client appeals a proposed adverse action within 15 days of the date a notice is sent, the CAO will continue benefits unchanged, unless the household waives continuation of benefits in writing.
55 Pa. Code § 275.4(a)(3)(v)(C)(l) 55 Pa. Code § 133.4(b)(4)(ii) 7 CFR 273.15(k)
When a client appeals an action which was taken without a required written notice, benefits are reinstated effective the date the action was taken. The CAO will write a notice of the action and help the client write his reasons for the appeal request. The CAO will send the written documentation to the BHA with a memo which explains the circumstances.
The CAO will use the date the appeal was postmarked or received to determine whether the appeal was made within the 15-day period. If an appeal from a termination or reduction is postmarked by the 15th day of the appeal date specified on the notice, but not received until after the action was taken, the CAO will reinstate and continue benefits in the prior amount pending the hearing decision.
When a SNAP household establishes that it had good cause for failing to appeal within 15 days, the CAO will change the benefits to the prior amount and restore any lost benefits if the benefits would have continued had the appeal been timely filed.
A SNAP household may waive continued benefits pending the hearing decision by checking the box on the front of the Advance Notice, PA/FS 162-A. If the client checks the box, the CAO will change the benefits to the new amount. If the household does not check the box, the CAO will continue benefits unchanged until BHA makes the hearing decision.
If the client receives continued benefits and loses the appeal, the CAO will establish an overpayment. If the client loses the appeal and timely requests reconsideration, the CAO will reinstate and continue benefits unchanged upon notification by BHA and such benefits shall continue until the Final Order of Reconsideration is issued.
If a change occurs while an action is being appealed, the CAO will send a notice of the subsequent change and required action. If the client does not appeal the subsequent notice, the CAO will take the proposed action.
A client may appeal the requirement to participate in Semiannual Reporting. The appeal must be made within 30 days of the due date for Cash or MA and 90 days for SNAP on the Semiannual Reporting (SAR) Form or the Late/Incomplete Notice (L/IN).
If an appeal is postmarked or received within ten days of the due date on the SAR form, the CAO will continue or open benefits, if necessary, at the current level pending the hearing decision.
NOTE: If a SAR form is not postmarked or received by the extended due date and the household states that a SAR form was submitted, food stamp benefits are continued provided that a completed SAR form is submitted no later than the last day of the issuance month. If the hearing is with regard to termination of SNAP benefits for non-receipt of a SAR form, the household must submit a completed SAR form no later than the last day of the issuance month.
55 Pa. Code § 275.4(h)(3)(v)(C)(l) 55 Pa. Code § 133.4(b)(4)(ii) 7 CFR 273.15(k)
If an appeal is postmarked or received after ten days from the due date on the SAR form, the CAO will not continue or open benefits at the current level. If a client later submits a complete SAR form by the extended due date, the CAO will determine eligibility based on the information provided on the SAR form. The CAO will notify the client with a PA/FS 162-C of any changes/termination resulting from the information provided on the SAR form.
If an appeal is postmarked or received within ten days of the L/IN mailing date, the CAO will reinstate benefits at the current level pending the hearing decision.
NOTE: If a SAR form is not received by the extended due date and the household states that a SAR form was submitted, SNAP benefits are continued provided that a completed SAR form is submitted no later than the last day of the issuance month. If the hearing is with regard to termination of SNAP benefits for non-receipt of a SAR form, the household must submit a completed SAR form no later than the last day of the issuance month.
If an appeal is postmarked or received on a complete L/IN after ten days from the L/IN mailing date but before the extended due date, the CAO will determine eligibility based on the information provided on the completed L/IN. The CAO will reinstate benefits if the client is eligible. The CAO will notify the client using a PA/FS 162-C if the information provided causes a change in the amount of the benefit or termination.
If an appeal is postmarked or received after ten days from the L/IN mailing date but by the extended due date and the L/IN is incomplete, the CAO will send a PA/FS 162-C, listing the missing information and advising the client that he is no longer eligible because he failed to provide the required information.
If the appeal is received after the extended due date, the CAO will not reopen the budget.
Once continued or reinstated, benefits are not reduced or discontinued prior to the hearing decision unless:
the certification period for SNAP expires;
NOTE: The client does not need to complete a redetermination for cash and/or medical assistance while an appeal is pending.
the ALJ makes a preliminary determination that the issue involves only federal law or regulation and the household's claim that the benefits were computed incorrectly or that the law was misapplied is invalid;
a new change affecting the client's eligibility, amount of cash assistance payment or SNAP allotment occurs, and the client is notified of the change by proper notice but fails to file an appeal from that notice; or
a mass change occurs while the decision is pending.
The CAO will:
1. Notify the client in writing if benefits are reduced or discontinued pending the hearing decision.
2. Take the proposed action when any other change listed above occurs while the hearing decision is pending, and the client fails to appeal the change.
NOTE: The CAO will not impose the post 24 month work requirement on clients who, prior to the 24th month, have filed a timely appeal and are receiving cash benefits while awaiting the appeal or decision.
Reissued September 27, 2012, replacing March 16, 2012; reviewed July 25, 2013