PM 01-07-03: Time Period to File Appeal

WAG 01-07-03

To receive full consideration, an appeal must be timely, that is, filed within a certain time period after the decision being appealed.

The date the appeal is filed is called the date of appeal. The date of an appeal is the date the request is postmarked, if mailed, or the workday it is received by the Department or its agent if delivered by hand, phone, or fax prior to 5:00 p.m. If the request is delivered in person or by phone or fax after 5:00 p.m. or on a non-workday, the date of appeal is the next workday.

To be considered timely, the date of appeal must be within:

60 calendar days after the decision (for cash, medical, and child care); or

90 calendar days (for SNAP).

90 calendar days after the end of the applicable Summer Operational Period (for Summer EBT)

Day one is the day following:

the date on the notice of decision on an application;

the date on the notice that benefits will be reduced, suspended, or canceled;

the date on the notice of decision on a request for prior approval of a medical service or item; or

the date of any Department notice of denial or action that the client thinks is wrong.

When the postmark date is after the date on the notice, use the postmark date as the date of notice for all timeliness calculations. This includes figuring out whether the notice itself was timely and whether the appeal was filed timely. Keep the envelope in the case record as proof.

Appeals filed after the 60th or 90th day may be considered timely when the 60th or 90th day falls on a weekend or holiday and the request is received or postmarked by the first workday after the 60th or 90th day.

There is no time limit for the client to file an appeal when the Department or its agent fails to:

send a required written notice;

take action on a specific request; or

notify a client when a request is denied.