MEMORANDUM

DISCUSSION:

The purpose of this memorandum is to ensure the Family Support Division (FSD) staff are correctly completing and submitting the Application for State Hearing (IM-87) form. The IM-87 is a key form that must be completed timely and accurately to ensure the individuals’ access to a fair hearing. A fair hearing, also known as an administrative hearing, is a legal proceeding where individuals are provided the opportunity to challenge a decision made or delay on their application or case.

Application for State Hearing (IM-87)

• All hearing requests must be accepted and sent to the Administrative Hearing Unit to determine if an individual is entitled to a hearing.
• Completing and submitting the IM-87 is critical to ensure applicants and participants receive due process.
• The IM-87 is an essential part of the hearing record.
• It is imperative that the IM-87 is completed correctly and completely, and submitted with the appropriate Action Notice.
• Each field of the IM-87 is important and gives the Administrative Hearing Unit information needed to provide due process.

Recurring Issues with the IM-87

• Use the latest revision of the Application for State Hearing (IM-87) (1/2013). Refer to Income Maintenance Forms Manual Volume 2 and Income Maintenance memorandum  Application for State Hearing Is Revised dated January 11, 2013.
• Complete every applicable section of the form.
• Ensure categories are checked correctly to indicate the programs for which the hearing is requested. (Field 1)
  • Uncheck categories from previous use of the form 
  • Check multiple categories only when they pertain to the current hearing request
  • Correctly differentiate between MHF, MHK, and MPW
• Enter the correct county of residence. Enter the address in CD1P to verify the county of residence. (Field 7)
• The date of Action Notice for which the hearing is requested must match the date on the Action Notice submitted with the IM-87. (Field 10)
• If the request is not made in person, indicate telephone call or mail request in the individual signature line, and enter the date the request was received as the signature date.
• If the individual requesting the hearing has an authorized representative (AR) this information needs to be included with the hearing request, even when the AR is not requesting the hearing. (Fields 21, 22, and 23)
• If the individual requesting the hearing is represented by an attorney, complete the claimant’s representative name, telephone number, and address fields. (Fields 21, 22, and 23)

• If an authorized representative or non-attorney legal representative such as a guardian has requested the hearing, include their signed authorization form or other documentation of their legal relationship to the claimant with the request. If an attorney has requested the hearing, they should provide an entry of appearance letter. Include the entry of appearance with the request.

• If at all possible, obtain a current telephone number for the individual and/or AR. When an individual calls to a request the hearing, verify the best telephone number to reach them. (Fields 15 and 22)
• Submit the Action Notice with the IM-87. When the hearing is requested for a delay in processing, there is not an Action Notice to submit.

For FSD offices served by the IM Hearings Unit (See Income Maintenance memorandum Email IM-41 Introduction of the Family Support Division Income Maintenance Hearing Unit):

• The IM-87 and action notices scanned to the hearing portal must be ready to be sent to the appropriate AHU. Do not include other documents that do not pertain to the hearing such as Indexing Sheets and email messages.
• Do not complete the following IM-87 fields:
  • ES or ESS that will be agency witness (Field 26 );
  • Date exhibits or follow-up documents mailed to Hearings Unit (Field 28); or 
  • ES or ESS will be participating from (Field 31).

• The signature fields 29 and 30 may be typed or printed.

For offices scanning and submitting hearing requests through the hearing portal continue to follow instructions at http://ssrvwebp.cds.state.mo.us/fsd/policyprocedure/im/emailmemos/email_15/15_041em-att.pdf

Other Recurring Hearing Issues

• After a case is closed or rejected for failure to provide information, if an individual or their AR makes contact with the FSD and states the AR did not receive the request for information:
  • Cancel the closing or rejection, and
  • Send a Request for Information (FA 325 or IM-31A) to the AR allowing 10 days to provide the requested verification. File a copy of the form in the virtual file room.
  • Submit the NOTIFICATION TO THE ADMINISTRATIVE HEARING UNIT WHEN AGENCY ACTION IS RESCINDED (IM-90A) NOTIFICATION TO THE ADMINISTRATIVE HEARING UNIT WHEN AGENCY ACTION IS RESCINDED (IM-90A)form with the hearing request.
  • Send the claimant the Agency Action Withdrawn Participant Notification (IM-90B)  form.
• If an individual requests a hearing because they were closed or rejected for failure to provide verification, search the Integrated Tracking and Reporting System (ITrackRS), the Work Site, and the Virtual File Room to attempt to locate the missing verification. If verification was submitted:
  • Cancel the closing or rejection,
  • Correct the case, and
  • Submit the NOTIFICATION TO THE ADMINISTRATIVE HEARING UNIT WHEN AGENCY ACTION IS RESCINDED (IM-90A) form with the hearing request.
  • Send the claimant the AGENCY ACTION WITHDRAWN PARTICIPANT NOTIFICATION (IM-90B) form.
• Ensure a copy of all documents related to the hearing request and withdrawal are scanned and indexed to participant’s record in the virtual file room.
• Enter comments in the FAMIS or MEDES to detail the reason for the hearing requests and actions taken.

Administrative hearings are critical to the State of Missouri and to the Family Support Division

• A hearing helps ensure the FSD is fair to the people applying for or receiving benefits and to allow the FSD to correct actions impacting their lives.
• A hearing decision may control the outcome of other cases across the state for decades to come.
• The failure to provide due process may be a violation of the constitutional and/or other legal rights of program applicants and participants.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

JG/cb