When a household or authorized representative requests a hearing based on non-cooperation with the Temporary Assistance (TA) work requirement, or their case was closed due to a MWA service provider receiving returned mail marked “NO FORWARDING ADDRESS”, the Income Maintenance Hearings Unit (IMHU) will email a copy of the completed IM-85 Hearing Request, and a Notice of Scheduled Hearing to FSD.MWAProgram@dss.mo.gov. A MWA program specialist (PS) will immediately review the MWA Case Management System to determine if the alert was sent correctly.
If the alert was sent in error:
- The MWA PS:
- Sends an email to the service provider and the IMHU stating the alert was sent in error and the reason for the error,
- requests the IMHU staff to rescind the hearing and update the eligibility system to correct the case, and
- documents the action in case notes in the MWA Case Management System.
- The MWA service provider must begin re-engagement efforts immediately.
If the alert was sent correctly:
- The MWA PS will forward the email from IMHU to the service provider and CC the IMHU advising of the date and time of the hearing.
- If only the IM-85 was sent from the IMHU, once the Notice of Scheduled Hearing is received, the MWA PS will forward by email to the service provider.
- The MWA service provider must have a case manager familiar with the TA household’s circumstances participate in the hearing.
The MWA case manager must provide evidence proving the sanction recommendation or the case closure due to unable to locate to the FSD within 3 business days of notification of the hearing.
Evidence includes:
- Call-in letter(s)
- All returned letter(s), if appropriate
- The Individual Employment Plan (IEP)
- Free form letters
- Locate attempts to contact the customer (ex: by phone, mail or virtually)
- Conciliation attempts
- Case notes
- Evidence or notes on telephone calls
- Any other documentary evidence submitted in hard copy form to support the recommendation, if necessary.
The MWA case manager participating in the hearing must keep one copy of the relevant evidence supporting the request to sanction or close the TA case in their local case record and supply copies prior to the hearing to the MWA PS. The MWA PS then forwards the evidence to the IMHU.
The FSD witness will introduce the MWA witness (case manager, MWA supervisor or MWA manager) in the hearing. The MWA witness participating in the hearing will state what evidence they provided for the hearing prior to providing testimony.
The suggested language to qualify the MWA witness during the hearing is:
“My name is (full name). I am employed by (name of MWA service provider) in the capacity of (working title). I have been employed by (name of MWA service provider) for (number of months or years). Our office provides case management services to Temporary Assistance households through the Missouri Work Assistance program.
I have with me at this hearing the official Missouri Work Assistance case record of (full name of TA participant). It is the policy of (name of MWA service provider) to maintain a case record on all MWA participants referred to our agency for case management services.
It is the regular course of business for case managers to make entries in the record at or near the time the participant is seen for services or information about the household is obtained. Entries in the record for (full name of TA participant) are in the usual form and I will be using information contained in the case record in my testimony.”