NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
March 1, 2011

IM 5115

TO:		County Social Service Directors
Economic Assistance Policy Regional Representatives
Economic Assistance Policy Quality Control Reviewers

FROM:	Tove Mandigo, Director, Economic Assistance Policy

SUBJECT:	Delays in Processing for Review		 

PROGRAMS:	SNAP

EFFECTIVE:	March 1, 2011 

RETENTION: 	Until Manualized	

SECTIONS 
AFFECTED:	430-05-35-20-20 – Delays in Processing (Review)

The following change in policy for Delays in Processing at the time of review is effective for all reviews filed on or after March 1, 2011.  As a result of this change, the F204 – Failure to Provide information at Review and F205 – Failure to Complete Interview at Review were changed.  The new notices effective March 1, 2011 are attached.

Delays in Processing (Review) 430-05-35-20-20
 
When a household files an application for review before the end of its current review period and takes the required action after the end of the current review period, responsibility for the delay must be determined.
 
Determining cause for the delay dictates what action (deny or pend) must be taken on the case and whether or not the household is entitled to benefits retroactive to the date of the application for review.
 
Delays Caused by the County
When a delay in the review determination period is caused by the county:
1.	Do not deny the application for review.

2.	Notify the household by the 30th day following the date of the application for review that it is pending and state the reason.
 
If the household is found eligible during the second 30-day period, provide retroactive benefits back to the date the review period should have begun.
 
Delays Caused by the Household
If a household has failed to complete any part of the review process within 30-days of receipt of the application, the worker must deny the application for review using the appropriate notice. However, the worker must have taken the following actions before a delay is caused by the household:

1.	Failure to Complete the Application for Review: The worker must have offered, or attempted to offer, assistance in completion of the form.

2.	Failure of Household Member(s) to Register for Work: The worker must have informed the household of the need to complete SFN 385 – Affidavit for Work Requirements or SFN 353 - Affidavit for BEST Registrants and given the household at least 10 days from the date of notification to register household members.

3.	Failure to Provide Required Verification: The worker must have:

a.	Provided the household with a statement of required verification; and
b.	Offered to assist the household in obtaining required verification; and 
c.	Allowed the household at least 10 days from the date of request to provide the missing verification.

Examples:

1.	If the household has failed to appear for the first interview and a subsequent interview is either postponed at the household’s request or cannot be rescheduled until after the 20th day but before the 30th day following the date of the application for review, the household must appear for the interview, bring verification, and register members for work by the 30th day, otherwise the delay is the fault of the household.

2.	If the household failed to appear for the first interview and a subsequent interview is postponed at the household’s request until after the 30th day following the date of the application for review, the delay is the fault of the household.

If the household takes the required action by the end of the month following the last month of the review period, within 30 days following the end of the current review period, do not require a new application. Benefits are prorated from the date the verifications are provided or the interview is completed.

Examples:

1.	If the household has failed to appear for the first interview and a subsequent interview is either postponed at the household’s request or cannot be rescheduled until after the 20th day but before the 30th day following the date of the application for review, the household must appear for the interview, bring verification, and register members for work by the 30th day, otherwise the delay is the fault of the household.

If the household fails to appear for the interview, bring verification or register members for work by the 30th day, the review must be denied.  If the required action is taken after the 30th day but before the end of the month following the last month of the review period, the same Application for Review form is used to approve benefits from the date the action is completed.

2.	If the household failed to appear for the first interview and a subsequent interview is postponed at the household’s request until after the 30th day following the date of the application for review, the delay is the fault of the household.

The review must be denied on the 30th day.  If the household appears for the interview after the 30th day but before the end of the month following the last month of the review period, the same Application for Review form is used to approve benefits from the date the interview is completed.

3.	A household certified through April 30th files an application for review on April 17 for May. The application is denied for failure to provide verification on May 17 (30th day). If the household provides the verification after May 17 but on or before prior to May 31, the application for review that was denied must be registered with a benefit start date of equal to the date the verifications were provided. 

If the household provides the verifications on June 1 May 31 or later, the household must file a new application.

4.	A household certified through February 28th files an application for review on February 17 for March. The application is denied for failure to provide verification on March 19 18 (30th day). If the household provides the verification after March 19 but on or before 18 or prior to March 31, the application that was denied must be registered with a benefit start date of equal to the date the verifications were provided.

If the household provides the verifications on April 1 March 31 or later, the household must file a new application.

F204 - SNAP **DENIED** FAILED TO PROVIDE PROOF

YOUR REVIEW FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RECEIVED ON &&APPREC&& HAS BEEN DENIED BECAUSE YOU HAVE NOT PROVIDED THE INFORMATION BELOW.

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YOUR REVIEW PERIOD ENDED %%%%%%%%%%%% (WORKER FILL REVIEW PERIOD END DATE).  IF YOU PROVIDE THE INFORMATION ON OR BEFORE %%%%%%%%%%%%% (WORKER FILL LAST DAY OF MONTH FOLLOWING REVIEW END) AND YOU QUALIFY, YOUR BENEFITS WILL BE PRORATED FROM THE DATE WE RECEIVE THE INFORMATION.   IF IT IS AFTER THIS DATE OR YOU MISS THIS DEADLINE, YOU WILL NEED TO REAPPLY.

THE BACK OF THIS NOTICE EXPLAINS YOUR RIGHTS AND WHEN YOU MUST REPORT.

THIS ACTION IS BASED ON SNAP MANUAL 430-05-35-20-05 AND FEDERAL REGULATION 7 CFR 273.14(A).

F205 - SNAP **DENIED** FAILURE TO INTERVIEW

YOUR REVIEW FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RECEIVED ON &&APPREC&& HAS BEEN DENIED BECAUSE YOU MISSED YOUR INTERVIEW APPOINTMENT.

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YOUR REVIEW PERIOD ENDED %%%%%%%%%%%% (WORKER FILL REVIEW PERIOD END DATE).  IF YOU CONTACT US TO SCHEDULE AND COMPLETE THE INTERVIEW ON OR BEFORE %%%%%%%%%%%%% (WORKER FILL LAST DAY OF MONTH FOLLOWING REVIEW END) AND YOU QUALIFY, YOUR BENEFITS WILL BE PRORATED FROM THE DATE OF THE INTERVIEW.   IF IT IS AFTER THIS DATE OR YOU MISS THIS DEADLINE, YOU WILL NEED TO REAPPLY.

THE BACK OF THIS NOTICE EXPLAINS YOUR RIGHTS.

THIS ACTION IS BASED ON SNAP MANUAL 430-05-35-20-05 AND FEDERAL REGULATION 7 CFR 273.14(A).