February 14, Enclosed is a copy of the decision resulting from the hearing held in the above-referenced matter. Sincerely,

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1 STATE OF WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES OFFICE OF INSPECTOR GENERAL Bill J. Crouch BOARD OF REVIEW M. Katherine Lawson Cabinet Secretary 203 East Third Avenue Inspector General Williamson, WV Phone: (304) Fax (304) February 14, 2018 RE: v. WV DHHR ACTION NO.: 18-BOR-1151 Dear Ms. Enclosed is a copy of the decision resulting from the hearing held in the above-referenced matter. In arriving at a decision, the State Hearing Officer is governed by the Public Welfare Laws of West Virginia and the rules and regulations established by the Department of Health and Human Resources. These same laws and regulations are used in all cases to assure that all persons are treated alike. You will find attached an explanation of possible actions you may take if you disagree with the decision reached in this matter. Sincerely, Stephen M. Baisden State Hearing Officer Member, State Board of Review Encl: Appellant s Recourse to Hearing Decision Form IG-BR-29 cc: Janee Scott, Economic Service Supervisor

2 WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES BOARD OF REVIEW Appellant,, v. ACTION NO.: 18-BOR-1151 WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Respondent. DECISION OF STATE HEARING OFFICER INTRODUCTION This is the decision of the State Hearing Officer resulting from a fair hearing for. This hearing was held in accordance with the provisions found in Chapter 700 of the West Virginia Department of Health and Human Resources (WV DHHR) Common Chapters Manual. This fair hearing was convened on February 13, 2018, on an appeal filed January 26, The matter before the Hearing Officer arises from the Respondent s denial of the Appellant s application for the Low-Income Energy Assistance Program (LIEAP). At the hearing, the Respondent appeared by Representative Penny Dillon-Avilla, Family Support Specialist for the WV DHHR, County Office. The Appellant appeared pro se. Both participants were sworn and the following documents were admitted into evidence. Department s Exhibits: D-1 Hearing Summary D-2 LIEAP Application, received by Department on December 4, 2017 D-3 Data Exchange Summary print-out from Appellant s case record D-4 Verification Checklist, sent from Department to Appellant on December 27, 2017 D-5 Letter from Department to Appellant, dated January 17, 2018 D-6 Income Maintenance Manual, Chapter 21, G D-7 Letter from Appellant to Department, dated January 24, 2018 Appellant s Exhibits: None 18-BOR-1151 Page 1

3 After a review of the record, including testimony, exhibits, and stipulations admitted into evidence during the hearing, and after assessing the credibility of all witnesses and weighing the evidence in consideration of the same, the Hearing Officer sets forth the following Findings of Fact. FINDINGS OF FACT 1) The Appellant submitted an application for the Low-Income Energy Assistance Program (LIEAP) to the WV DHHR, County office, on December 4, 2017 (Exhibit D-2). The Department processed the application on December 27, ) The DHHR worker who processed the Appellant s LIEAP application checked Data Exchange, an on-line service that provides information related to benefit recipients from various state and federal agencies, for both members of the Appellant s household. 3) The DHHR worker located a Data Exchange match for the Appellant s daughter from the WV Bureau of Employment Programs, indicating the daughter had been hired on October 2, 2017 (Exhibit D-3). 4) On December 12, 2017, the Department sent a Verification Checklist letter to the Appellant (Exhibit D-4), asking her to verify the employment start date and proof of earnings for her daughter. The letter indicated the due date for the Appellant to submit this information was January 10, ) The Appellant did not submit the requested information to the Department as of January 16, On January 17, 2018, the Department sent the Appellant a letter (Exhibit D-5) indicating her LIEAP application was denied, due to her failure to do so. 6) On January 25, 2018, the Appellant requested a fair hearing to protest the denial of her application for LIEAP. APPLICABLE POLICY The WV DHHR Income Maintenance Manual (IMM) Chapter 21, G reads as follows regarding LIEAP time limits: Action must be taken to approve or deny a Regular LIEAP application within 30 days of the date it is received for processing by the Department of Health and Human Resources (DHHR). Verification is due within 15 days of the date the information is requested. 18-BOR-1151 Page 2

4 DISCUSSION The Department s representative testified that the Department received the Appellant s application for LIEAP on December 4, 2017 (Exhibit D-2). She testified that an employee of the WV DHHR, County office, processed the application on December 27, She stated that the employee checked Data Exchange, an on-line service that provides information related to benefit recipients from various state and federal agencies, and found a Data Exchange match indicating the Appellant s daughter was hired on October 2, No such employment was listed on the application form. The Department s representative testified that the Department mailed a verification checklist to the Appellant on December 27, 2017 (Exhibit D-4). The verification checklist read that the Department required information regarding the daughter s employment start and earnings, and informed the Appellant that this information due date was January 10, The Department s representative testified that the Department did not receive the requested information by January 16, 2018, so the Department sent the Appellant a denial letter (Exhibit D-5) on January 17, The Appellant testified that the verification checklist required her to provide certain information from the daughter s employer,. is a network of branch banks with a branch in the Appellant s home town. She testified that the daughter worked for, a fast food franchise company which maintained a franchise in, about 20 miles from her home. She stated that her daughter worked at this restaurant. The Appellant testified that she made every attempt to contact to obtain verification that her daughter did not work at a, to no avail. She stated she sent to the Department a letter (Exhibit D-7) explaining her daughter did not work for but she could not obtain verification to that effect. The Department s representative testified that the Department received this letter, which was dated January 24, The letter included the daughter s W-2 statements from, indicating the daughter worked one hour and earned $7.50 at the restaurant. The Department clearly indicated on the verification checklist letter that the Appellant was required to submit the requested information to the Department by January 10, The Appellant did not submit the information until January 24, 2018 or later. The Department acted correctly to deny the Appellant s December 4, 2017, application for LIEAP because she had not provided needed verifications within the amount of time prescribed by policy. CONCLUSION OF LAW The Department acted correctly to deny the Appellant s application for LIEAP because she did not submit information related to her application within fifteen (15) days, pursuant to WV DHHR IMM Chapter 21, G. 18-BOR-1151 Page 3

5 DECISION It is the decision of the State Hearing Officer to uphold the Department s decision to deny the Appellant s application for the Low-Income Energy Assistance Program (LIEAP). ENTERED this 14 th Day of February Stephen M. Baisden State Hearing Officer 18-BOR-1151 Page 4