0130.020.00 Hearings

0130. Preparing Testimony and Exhibits

The FSD witness:

  • Determines the issues or actions to be addressed in the hearing.
  • Prepares testimony and exhibits to present during the hearing from the case record and other sources such as the policy manual or regulations supporting the action and must:
    • Be familiar with the policies and procedures that relate to the case.
    • Define the issues resulting in the hearing request.
    • Review the facts and become familiar with the case as a whole.
    • Document all eligibility requirements.
    • Ensure the case record is complete and all necessary documents are present and in chronological order.
  • Must be prepared to establish by testimony in the hearing record:
    • The witness is qualified to represent the FSD in the hearing
    • The case record is a FSD business record
    • The FSD witness and any other witness supporting the FSD has information pertaining to the case
    • Exhibits offered as documentary evidence are authentic copies of the forms or documents in the case record
    • The authority to access information and/or how the FSD learned the information
    • A summary of the case, the action taken, and evidence to support the action including:
      • An explanation of budgeting, if applicable
      • The legal reference and policy supporting the action, and
      • A brief explanation of the evidence supporting the action the FSD is requesting to submit as hearing exhibits
    • The reason for the appeal

The FSD witness’s testimony normally follows a chronological sequence. Testimony should:

  • Document events pertaining to the issue being appealed with the date, place, and identity of any person involved
  • Include dates of phone calls, name of the person taking the calls, dates of letters, etc., and
  • Information and material relevant to the issue or action resulting in the hearing request up to the time of the appeal

The FSD witness organizes the material for presentation of the case and prepares exhibits to follow the order of events leading to the action. Exhibits should:

  • Include all documents, screen prints, or forms from the case record used to make the decision on the case action which resulted in the hearing
  • Be numbered individually in the order the exhibits will be presented and include the number of pages per exhibit

Examples of documents to review to determine the validity of the action, and to submit as hearing exhibits include:

  • Request for Application
    • MAGI applications may be found in MEDES as a PDF or a paper application scanned into the Virtual File Room (VFR).
  • Interview Summary (FA-102), if applicable
  • FAMIS Budget summary
  • FAMIS Income screens
  • FAMIS Expense screens
  • MEDES financial information can be found in the following places:
    • Income evidence is found on the Application Case (AC) and the Integrated Case (IC)
    • Expense evidence is found on the AC and the IC
    • Budget summaries are found on the Product Delivery Case (PDC), determinations sub-tab, click on appropriate coverage period, click on income
  • Documentation of income and expenses
  • FAMIS Employment Assessment (EMPLOY/FMMS) screen, if applicable
  • FAMIS Sanction/Disqualification (SANDISQ/FMAM) screen, if applicable
  • MEDES Sanction/Disqualification evidence can be found in the IC with evidence name: “MO Medical Support Non-Cooperation”
  • FAMIS Disabled (FMMX) screen with a copy of the Social Information Summary (IM-61), Disability Questionnaire (IM-61B), and all medical records that were sent to the Medical Review Team (MRT), if applicable
  • MEDES disability evidence can be found on the AC and IC, if applicable
  • All pertinent FAMIS and/or MEDES comment screens
  • Original Action Notice (FA-150) that states the eligibility dates for Child Care Subsidy
  • Any other verification supporting the action
  • The document or documents, which notified the EU of the FSD’s decision— Adverse Action Notice and/or Claimant Action Notice associated with the action in question
  • The FSD policy manual(s) and memorandums, state regulations, and/or federal regulations that apply to the action