Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-001 - Client Rights

Current through June 17, 2024
Each applicant for, or client of any program(s) administered
				  by the Nebraska Department of Social Services has the following rights:
1. To receive action on his/her application
				for benefits within 45 days (for expedited food stamps see 475 NAC
				2-004.01);
2. To have his/her
				information treated confidentially (see 465 NAC
				2-005);
3. To receive adequate notice of any action
				affecting his/her application or case;
4. To receive equal protection under the law.
				No person may be discriminated against on the basis of race, color, national
				origin, sex, age, handicap, religion, or political belief;
5. To have program requirements and benefits
				fully explained;
6. To receive
				assistance in the application process from a person of his/her
				choice;
7. To be referred to other
				human service agencies;
8. To apply
				for assistance or services (see 465 NAC 2-001.01); and
9. To appeal to the Director for a fair
				hearing (see 465 NAC 2-001.02).
001.01
Right to
				Apply:
Anyone who wishes to request or apply for any Nebraska
				  Department of Social Services program must be given the opportunity to do so
				  without delay.
001.02
Right to Appeal:
Every applicant for or recipient of assistance or services
				  provided through the Nebraska Department of Social Services has the right to
				  appeal any action, inaction, or failure to act with reasonable promptness with
				  regard to the assistance or services. The individual may appeal because
				  -
1. His/her application for financial
				or medical assistance or services is denied;
2. His/her application for financial or
				medical assistance or services is not acted upon with reasonable
				promptness;
3. His/her assistance
				is suspended;
4. His/her assistance
				or services are reduced;
5. His/her
				assistance or services are terminated;
6. His/her form of payment or services is
				changed to be more restrictive; or
7. S/he thinks the staff's action was
				erroneous.
Exception
: The client is not
				  entitled to a fair hearing when either state or federal law requires automatic
				  case adjustments for classes of clients unless the reason for an individual
				  appeal is incorrect eligibility determination.
2-001.02A
Appeal Time
				Limits
: The applicant or client must request a fair hearing within
				90 days following the date the notice of adverse action is mailed. If an
				applicant wishes to appeal due to inaction, s/he must request a fair hearing
				within 90 days of the date the application was signed.
If the client submits a request for a hearing within ten days
				  following the date the notice is mailed, the staff shall not take the adverse
				  action until a fair hearing decision is rendered.
If the client submits a request for a hearing within ten days
				  following the date the notice is mailed, the client must be allowed an
				  opportunity to decline receipt of continued assistance pending the appeal
				  decision.
2-001.02B
Filing an Appeal
: See 465 NAC 6-004.01.
2-001.02C
Notice to the
				Petitioner
: Upon receiving a request for an appeal, the Director
				acknowledges the appeal by sending a letter to the petitioner, stating that the
				appeal has been received and informing him/her -
1. Of the time and the place the hearing will
				be held on his/her appeal; or
2.
				That the basis of the appeal is inappropriate or that the appeal request has
				been received after the deadline for appealing an action. (See 465 NAC
				2-001.02A regarding appeal time limits.)
The hearing must be scheduled not less than one week nor more
				  than six weeks from the date of the request, unless the time is waived by the
				  petitioner. (See 468 NAC 6-012.01 Emergency Assistance appeals.) The letter
				  must include a detailed explanation of the petitioner's rights and duties at
				  the hearing (see 465 NAC
				  6-000).