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Cabarrus County Department of Human Services <br />Aging Services Appeal Policy <br />I. INTRODUCTION <br />This policy contains the procedures for conducting local and state hearings when an <br />a/r appeals a county DHS action. <br />II. APPLICANT'S /RECEIPIENT'S RIGHTS <br />A. The a/r has the right to appeal any action when services have been approved, <br />denied, modified, or terminated. <br />B. The a/r may request the hearing verbally or in writing. <br />C. The a/r must request a hearing within 60 calendar days from the date notice of <br />action is mailed or given, unless he can show good cause for a later request. If <br />good cause exists, the request must be no later than 90 days from the date of <br />the notice of action. <br />1. Good cause is defined as: <br />a. Failure of the a/r to receive the notice of action, <br />b. Extended hospitalization of the a/r or the spouse, child, or parent of the a/r <br />c. Failure of a representative acting on the a /r's behalf to meet required time <br />frames, or <br />d. Illness resulting in incapacity, incompetence, or unconsciousness of the a/r <br />and there is no representative acting on the a /r's behalf, or <br />e. Death of the a/r or his /her representative or <br />£ Failure of the county DHS to provide sufficient or correct information <br />regarding appeal rights. <br />2. Evidence of good cause, which must be provided by the a /r, includes but is <br />not limited to: <br />a. Physician's written statement <br />b. Hospital bill, or <br />c. Written statement of a /r, his /her representative, or other individual <br />knowledgeable of situation. <br />D. The a/r has the right to be represented at hearings by the person of his /her <br />choice, including an attorney obtained at the a /r's expense. <br />E. An a/r has the right to request a state hearing only after a local hearing has <br />been held and a decision has been rendered. <br />F. The a/r must request a state hearing within 15 calendar days of the mailing of <br />the local hearing decision unless he can show good cause for a later request as <br />defined in II.C. !., above. <br />G. If, at any point, the a/r does not exercise his/her right to a hearing or the right to <br />continued assistance, the a/r still has the right to reapply. <br />Attachment number 1 \n <br />F -3 Page 38 <br />