Lisa Ruby Michigan Poverty Law Program lruby@mplp

Lisa Ruby Michigan Poverty Law Program

[email protected]

Authority The rule or law under which a program operates Bridges Administrative Manual (BAM)

BAM 600 Hearings Bridges Eligibility Manual (BEM) Federal and state laws

Not as important for hearings

What Can Be Appealed? Denial of an application and/or supplemental payments.

Reduction in the amount of program benefits or service.

Suspension or termination of program benefits or service.

Restrictions under which benefits or services are provided.

Delay of any action beyond standards of promptness.

For FAP only, the current level of benefits or denial of expedited

service.

Notice of Case Action Due process

Notice must be given under the law Must be sent to correct address

Reason(s) given Notice must contain reference to BEM/BAM

• Lots of extra information

Deadlines Date on document

This dictates the time to appeal Benefits pending

Appeal by the 11th day Possibility of overissuance

90 days Total appeal period

Re-applying Closed period of eligibility

What to File Request for Hearing

DHS 18 https://www.michigan.gov/documents/FIA-

Pub18_14356_7.pdf

What to write Client must sign!

Where to File BAM 600, page 5 Local office

Clients or representatives can: deliver, mail, or fax the hearing request to their local DHHS office labeled ATTENTION HEARINGS COORDINATOR.

What Happens Next? Pre-Hearing conference

Within 11 days of request for hearing May need to look at client file

Hearing Summary Packet

Notice of Hearing

Option to change to in-person

Pre-Hearing Conference Chance to settle

Withdrawal of Request for Hearing

Worker should not ask for it Not in exchange for future changes If represented, claimant may not withdraw

The Hearing Procedure

ALJ Caseworker

Exhibits Rules of Evidence

Witnesses Claimant Other

After The Hearing Deadlines for Appeals

30 days for Rehearing/Reconsideration

BAM 600, page 43 Rehearing : the original hearing record is inadequate for

purposes of judicial review OR there is newly discovered evidence that existed at the time of the original hearing that could affect the outcome of the original hearing decision.

Reconsideration: paper review of the facts, law and any new evidence or legal arguments when the original hearing record is adequate for purposes of judicial review.

After The Hearing (con.) Appeals to Circuit Court

30 days Find a lawyer

www.michiganlegalhelp.org

References DHHS Manuals

http://www.mfia.state.mi.us/olmweb/ex/html/ Michigan Administrative Rules

http://w3.lara.state.mi.us/orr/Files/AdminCode/1297_2013-100LR_AdminCode.pdf

• Social Welfare Act Michigan Compiled Laws

Questions?