The CAO, individual, or provider has the right to request reconsideration by the Secretary of Human Services.
The request must be in writing, include the basis for the request, and be made within 15 calendar days from the date of BHA’s Final Administrative Action Order. The reconsideration request must be addressed to the Secretary, but delivered to the Director of BHA, who will forward it with the entire file to the Secretary’s Reconsideration Unit.
The Reconsideration Unit will verify timeliness by checking the postmark date. The Reconsideration Unit will notify OIM when it receives a reconsideration request. OIM will notify the appropriate CAO.
NOTE: The CAO cannot ask for reconsideration in Food Stamp cases.
When the CAO makes a request for reconsideration by the Secretary, the CAO will not implement the action proposed in BHA’s decision until the Secretary has issued a final decision.
The Secretary, upon receipt of the request for consideration, will review the case file and respond in writing within 30 calendar days of the postmark date of the request for reconsideration. The Secretary may affirm, amend, or reverse the decision of the Director, or remand the case to the ALJ for further findings of fact.
Example: Mr. Richards receives an advance notice that his case will be closed due to resources. Mr. Richards fails to file an appeal within 15 days of the processing date of the notice and his case is closed. Mr. Richards requests a hearing. The hearing is decided in his favor and BHA proposes that the CAO reopen Mr. Richards’ case. The CAO immediately sends a request for reconsideration to BHA. The CAO will reopen Mr. Richards’ case, retroactive to the date specified by BHA, until the Secretary has issued a final decision.
NOTE: BHA decisions pertaining to the SNAP Program that do not uphold the CAO decision will not be considered for reconsideration by the Secretary of Human Services.
1 Pa. Code § 35.241 55 Pa. Code § 275.4(h)(3)
Strobhar v. DPW, 557 A.2d 440 (Pa. Cmwlth. 1989)
When the individual makes a request for reconsideration, the CAO will not implement the action proposed in BHA’s decision. If the CAO has already implemented the action proposed in BHA’s decision, the CAO will reverse whatever action was taken before the CAO received notice of the individual's request for reconsideration.
55 Pa. Code § 275.4(h)(4)(iii)
Reminder: This only applies if the individual filed a timely appeal within 15 days of the processing date of the original adverse action. If the original notice was not appealed within the this time, benefits are not continued or reinstated pending the decision or reconsideration.
The Secretary, upon receipt of the request for reconsideration, will review the case file and respond in writing within 30 calendar days of the postmark date of the request for reconsideration, or within 30 calendar days of the date of BHA’s Final Administrative Action Order when the individual simultaneously files a Petition for Review with the Commonwealth Court. The Secretary may affirm, amend, or reverse the decision of the Director, or remand the case to the ALJ for further findings of fact.
Example: Ms. Danforth receives an advance notice that her MA will be discontinued. She files a timely appeal and her benefits are continued pending her hearing decision. Ms. Danforth’s hearing is decided in favor of the CAO. The CAO closes her MA. Ms. Danforth requests reconsideration. The CAO receives notification of Ms. Danforth’s request from the Reconsideration Unit. The CAO will open Ms. Danforth’s benefits, retroactive to the closing date, until the Secretary’s final decision is received.
NOTE: If Ms. Danforth had not filed a timely appeal, the CAO would close MA at the end of the advance notice period. The decision is in favor of the CAO. Ms. Danforth requests reconsideration from BHA. Her MA remains closed pending reconsideration because she did not file a timely appeal.
If the individual is dissatisfied with the Secretary’s final decision, he may appeal to the Commonwealth Court within 30 days of the Secretary’s decision.
1 Pa. Code § 35.241 55 Pa. Code § 275.4(h)(4) 55 Pa. Code § 275.4(h)(iii)
Strobhar v. DPW, 557 A.2d 440 (Pa. Cmwlth. 1989)
Updated September 19, 2024, replacing July 25, 2013