1140.010.05 Exemptions to Notice of Adverse Action

IM-#52 May 30, 2013IM-#123 October 20, 2005,  IM-#144 October 27, 2003,  IM-#14 January 23, 2003

An advance notice of adverse action is not needed in the following situations:

  • The EU’s allotment varies from month-to-month within the certification to take into account changes anticipated at the time of certification and the household was notified at the time of certification.
  • The EU applied for IM benefits and food stamp benefits at the same time, was approved for food stamp benefits pending approval of the IM grant and was notified at the time of certification that food stamp benefits would be reduced upon approval of the IM grant.
  • Postponed verification is received from an EU certified on an expedited basis that changes the benefit amount, and the household was notified at the time of certification that benefits would be adjusted without prior notice.
  • Recoupment of a claim is initiated against an EU who previously received a notice of adverse action (Food Stamp Demand Letter CARS-3) about the claim.
  • The EU voluntarily requests, in writing, that its participation be terminated. If the EU does not provide a written request, authorize an adverse action worker close (AAWC) and reason code VOL Voluntarily Closed Your Case.
  • An EU member is disqualified for an Intentional Program Violation.
  • Notification has been received from a reliable source that the EU is not or will not be residing in the state. This includes calls from another state that the EU has applied for benefits in the other state and contact from the EU that they have moved out of state and will be applying in the other state.
  • The State agency determines based on reliable information that all members of a EU have died.