Section 475-2-005 - DELAYS IN APPLICATION PROCESSINGIf the application is not processed by the end of the 30th day, the following applies:
005.01DELAYS CAUSED BY THE HOUSEHOLD. The household is not entitled to benefits for the application month when the delay is the household's fault. If the household later cooperates with the application processing, benefits are prorated back to the date the household took the required action to establish eligibility. The following are considered the household's fault: (A) Failing to complete the application form;(B) Failing to provide complete verification;(C) Missing a scheduled interview; and(D) Failing to reschedule a missed interview within 30 days of the application date.005.02DELAYS CAUSED BY THE DEPARTMENT. If eligibility has not been determined by the 30th day following the date the application was filed because of the Department's failure to act, the following occurs:(A) The household's application will remain pending for an additional 30 days. The recipient will be sent a notice by the 30th day after the application was filed notifying the household of the status and any additional action needed by the household;(B) The Department will provide benefits that are retroactive to the application date if:(i) The household is determined eligible during the second 30-day period; and(ii) The household was eligible for the application month; or(C) The Department will deny the application if the household is determined ineligible during the second 30 days.005.03DELAYS BEYOND 60 DAYS. When eligibility has not been determined within 60 days following the date the application was filed, the following applies: (A) If the Department caused the delay in the second 30 days, the Department continues to process the original application until an eligibility determination is made; or(B) If the Department caused the delay in the first 30 days but the household caused the delay in the second 30 days, then the application is denied and the household must file a new application if the household wishes to participate.(C) The household is not entitled to retroactive benefits if it caused the delay during the second 30 days. A notice of denial is not necessary if the pending notice informed the household that it must file a new application if it did not provide verification.475 Neb. Admin. Code, ch. 2, § 005
Amended effective 5/21/2016.Amended effective 7/4/2020Amended effective 9/17/2024