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Noncooperation

Noncooperation. Be Careful What You Wish For. Introduction. Mark Vermeer – Kent County APA Judy Golden – OCS Training Team. History. Old System PA or SS working referral/CAR, recipient fails to cooperate PA notifies SS SS notifies assistance worker at DHS

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Noncooperation

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  1. Noncooperation Be Careful What You Wish For

  2. Introduction Mark Vermeer – Kent County APA Judy Golden – OCS Training Team

  3. History • Old System • PA or SS working referral/CAR, recipient fails to cooperate • PA notifies SS • SS notifies assistance worker at DHS • DHS assistance worker may/may not take action • When recipient agreed to cooperate, DHS removed sanction

  4. Federal Audit Recipients are not being sanctioned DHS faced severe financial penalties Solution: Bridges/MiCSES interface

  5. New System • The office experiencing noncooperation processes the case • PA determines noncooperation • Noncoop sent to Bridges overnight • Negative Action Notice goes out • Recipient has 12 days to coop or automatically is sanctioned by DHS • Only PA can determine cooperation • Cooperation sent to Bridges does not automatically reinstate benefits

  6. New vs Old • Benefits • Automatic sanctions that actually occur • Drawbacks • PA must hold CAR until cooperation occurs • Creates file retention considerations

  7. Noncooperation Basics Video

  8. MiCSES and Noncooperation CASE LPRO LCSE NOTE

  9. Good Cause Summary

  10. Noncooperation Principles Can only be used if you can not move forward with your case Can not use sanction to punish Client misses two interviews Agency Complaint? Client misses genetic testing Show cause/bench warrant? Client overtly refuses to cooperate Does client have good cause?

  11. Good Cause SS or PA may report claims of good cause to DHS Good cause determinations are done by DHS

  12. Cooperation Timelines If client cooperates within 12 days, benefits can continue without delay or penalty If client cooperates after 12 days, minimum 30 day closure of FIP, CDC case closure Client must re-apply for benefits MA is reinstated the month of compliance if group is active FAP reinstated the month after compliance, one month penalty served

  13. Administrative Hearing Process Recipient can object to sanctioning at any time Before 12 days After 12 days After objection is filed, within 15 days: The client must be contacted Hearing request logged Pre-hearing conference arranged Hearing summary/Hearing request withdrawal filed with SOAHR

  14. Administrative Hearing Process Communication with DHS and PA critical Hearing Summary should include all information to support noncoop determination Letters sent Screen shots of address information NOTE screen printouts Business Objects QN-015

  15. Administrative Hearing Process Pre-Hearing conference is held Goal is to resolve here Can be held in person, by phone, at PA, DHS or elsewhere The recipient does not have to participate The recipient does not need to explain their objection If cooperation occurs, DHS 18A must be sent to DHS to cancel hearing

  16. Administrative Hearing Process Hearing is held by Administrative Law Judge (ALJ) Almost always via telephone Timely notice of hearing longstanding problem The ALJ may/may not allow additional documents by fax The ALJ will rule on the merits and the order must be implemented Appeal of decision – see handout

  17. Conclusion and Discussion New system is far better Our job is to implement the new system to be successful The word must get out that if you do not cooperate with child support, you will be sanctioned, and the sanctions will stick Contact your county DHS office to establish communication before your first hearing process is underway

  18. Questions?

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