106 Mass. Reg. 702.140

Current through Register 1523, June 7, 2024

Section 702.140 - Concluding the Application Process

The application process shall be concluded by an approval or denial of assistance unless the applicant voluntarily withdraws his or her application.

The approval or denial must be fully supported by the facts recorded in the case record.

Immediately upon the determination, adequate notice (See106 CMR 702.500 ) shall be sent to the applicant, or next of kin, if appropriate.

(A)Eligibility. If the applicant is determined eligible, he or she shall be notified in writing of the approval. The notice to the applicant shall include the effective date of eligibility; the amount of assistance authorized; the calculations used in the income determination; and an explanation of the right to appeal.

(B)Ineligibility. If the applicant or any other family members for whom assistance is requested is determined ineligible, the applicant shall be notified in writing of the denial.

If the worker is unable to complete the application process solely because of the lack of verifications, assistance shall also be denied. If the applicant subsequently submits the required verifications within 30 calendar days of the date of the denial notice, the worker shall process the application in accordance with 106 CMR 702.170.

The written notice of denial shall include the reasons for the denial; the specific regulations supporting the denial; and an explanation of the right to appeal. If eligibility is denied because the assistance unit's income exceeds financial eligibility standards, the notice shall also include the calculations used in the income determination. If the adverse action is the result of the lack of verifications required to make a determination of eligibility, the written notice shall contain a statement informing the applicant of the missing verification and a statement informing the applicant that a second eligibility determination will be made based on the date of application, if all required verifications are submitted within 30 calendar days of the date of the denial notice.

If the applicant appeals a denial in which the sole issue is the lack of verification and if the applicant subsequently provides the required verifications during the appeal process, an adjustment may be made in accordance with 106 CMR 343.350(B)(1).

(C)Voluntary Withdrawal or Request to Close Case. Applicants and clients may voluntarily withdraw their application or request that their continued assistance be terminated at any time. The request must be made in writing and must be confirmed by a notice sent to the applicant or client and recorded in the case record.

(D)Death. If the worker is told of the death of the applicant or client, assistance must be denied or terminated. Verification of the death may consist of contact with the funeral director or an appropriate third person, or a newspaper obituary or other media communication.

(E)Unable to Locate. If the worker cannot locate the applicant or client after reasonable attempts, assistance must be denied or terminated.

106 CMR 702.140

Amended by Mass Register Issue 1360, eff. 3/9/2018.