Department of Human Services

Families First Online Policy Manual


Incapacity Procedures



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If the individual expresses his/her disagreement with the MEU decision, he/she should be helped to file an appeal. MEU denials will not be reconsidered when an individual disagrees with the MEU decision. The only exception is when previously requested medical information is received by the MEU within 40 days of the MEU decision.


If previously requested medical information is received within 40 days of the MEU decision, the MEU may approve or deny incapacity, or may request one or more specialist examinations or other information. If the MEU approves incapacity, give the individual an opportunity to withdraw his/her appeal request using the Withdrawal of Complaint. If the MEU denies incapacity, then the appeal process will continue. Upon notification from the MEU of the decision, the DHS caseworker will promptly notify the individual and his/her legal representative, if any, and take action as shown above for approvals or denials.


If the individual submits a request for reconsideration after 40 days from the initial decision, the request will be treated as an initial incapacity request. The DHS caseworker will follow the existing incapacity determination process. To assure that an individual has the opportunity to file an appeal within 90 days of the action to deny or terminate, an appeal request should be filed by the individual at the same time the incapacity request is made. Bulletin 12, FA-08-27




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