108-2 CONTENT OF A NOTICE
108-2 A. THE NOTICE SALUTATION
EIS notice salutations are addressed to either the Primary Information (PI) person or the household member notified of work requirements. If the caseworker feels it would enhance communication, they may change this to the first name of the individual to whom the notice is sent. The salutation also may be changed in some specific situations. The caseworker may determine when this is necessary.
SENDING NOTICES TO DECEASED INDIVIDUALS
Salutations should be changed when sending notices after the death of the client. To ensure notices are addressed correctly, change the salutation to ”Estate of John Doe” when creating the notice. To ensure auto-sent notices are also addressed correctly when the deceased individual is the Primary Information person, change the address screen to include ”Estate of John Doe.”
108-2 B. REQUIRED NOTICE CONTENT
1. ACTIONS TAKEN ON THE APPLICATION
The Division must send all applicants a written notice to inform them of the decision made on their application including pending the application for additional information. This notice must clearly state the reasons for the decision. The notice must also cite the federal or state regulation(s) or program policy manual section(s) supporting the decision.
If an application is denied and the reason for the denial is excess resources, the notice must list all the resources the agency included in the determination.
If the reason for the denial is excess income, the notice must include what income was counted, who received the income, the source of income, and the calculation of the income.
Note:
In situations where there is more than one reason for denial (for example, the household is both over resource and over income), the caseworker will document both denial reasons in CANO but will use only one reason in the notice. The caseworker must send the appropriate notice for that denial reason.
If the application is pended, the notice must clearly list all the verification needed in order for the caseworker to make a final decision on the application. The notice must also state the time frame the applicant is allowed to submit the necessary verification and the action the agency will take if the information is not received.
Example:
The N005, Employment Statement notice, may not be considered as adequate notice to pend an application. Although this notice may be used to verify an applicant’s employment status, the notice does not meet adequate requirements to pend an application and take action on the application if the information is not provided.
The Division must send all recipients a written notice when an action is taken on a case. The notice must state the action, the specific reason for the action, and the effective date of the action. The notice must also cite the federal or state statute, regulation, or program policy manual section supporting the action.
If closing a case and the reason for the closure is excess resources, the notice must list all the resources the agency included in the determination.
If the reason for the closure is excess income, the notice must include what income was counted, who received the income, the source of income, and the calculation of the income.
Note:
In situations where there is more than one reason for closing the case (for example, the household is both over resource and over income), the caseworker will document both closure reasons in CANO but will use only one reason in the notice. The caseworker must send the appropriate notice for that closure reason.
3. ACTIONS INVOLVING WORK AND SELF SUFFICIENCY REQUIREMENTS
Individuals who are subject to a work requirement must receive a written notice informing them of the specific requirement they must meet. The notice must tell them the required action they need to complete, the timeframe they have to complete the action, and the penalty if they do not complete the action. The notice must also cite the federal or state statute, regulation, or program policy manual section supporting the action.
EIS prints the following information on the back of all notices and must be included in all notices the Division sends an applicant or recipient:
The client’s right to a fair hearing,
How they can request a fair hearing,
The availability of any free legal services in the area,
The client’s right to represent themselves or be represented by others,
The conditions under which assistance may continue if a fair hearing is requested, and
The obligation to repay continued benefits if the action is upheld.
Most EIS notices provide a free form section for caseworkers to write additional comments. In this section, caseworkers may include specific information relevant to the eligibility decision or actions taken on a case. The information should be easy for clients to read and understand, and provide a clear explanation of the reason for the decision or action. Caseworkers should avoid using DPA jargon or acronyms.
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