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
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