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19.2.11.1 Remedy for Paid W-2 Placements
19.2.11.2 Remedy for Custodial Parent of an Infant (CMC) Placements
19.2.11.3 Remedy for Unpaid W-2 Placements
19.2.11.4 Remedy for Job Access Loans
19.2.11.5 Remedy for Emergency Assistance
W-2 agencies are bound by the Fact Finding decision for a particular case. W-2 agencies must comply with the Fact Finding decision within 10 calendar days after the decision date.
If a W-2 agency is unable to comply with a Fact Finding decision for any reason, the W-2 agency must contact its DFS RO on or before the 10th calendar day and explain the circumstances why the decision cannot be carried out timely. Cases in which a fact finding decision is not carried out timely, and no attempt has been made to contact the RO to explain why, may result in a corrective action or a failure penalty as defined in the W-2 and Related Programs Contract.
If the decision overturns the agency’s denial of a paid W-2 employment position , the W-2 agency shall place the individual in the first available paid employment position that is appropriate for the individual. An individual is eligible for a payment for the employment position beginning on the date the individual begins participation in a paid placement. No retroactive cash payment for the period prior to participation shall be issued.
If the decision indicates a payment was calculated, reduced or terminated improperly, the W-2 agency shall restore the W-2 payment to the appropriate level retroactive to the date on which the payment was incorrectly calculated, reduced or terminated. However, the payment must be based on completed participation.
If the decision overturns the agency’s denial of a CMC placement, the W-2 agency shall place the individual in the CMC placement effective the date of the baby’s birth or the date of the application, whichever was later. Because there are no participation requirements for participants placed in CMC, a retroactive cash payment shall be issued.
If the decision overturns the agency’s end date of the CMC placement, the agency shall correct the end date and a retroactive cash payment shall be issued.
Case management placements include CMF, CMU, CMD, CMN, CMM and CMP. If the decision overturns the placement begin date, end date, or the services provided as part of the case management placement, the W-2 agency shall provide appropriate services based upon policy regarding that placement and any new information that was gathered in the Fact Finding process.
If the decision overturns the agency’s denial of a JAL due to an error in financial or nonfinancial eligibility determination, the agency must re-examine the JAL eligibility based on the new information.
If the decision overturns the agency’s denial or improper calculation of EA due to an error in financial or nonfinancial eligibility determination, the agency shall issue the EA payment or an additional EA payment amount based on the new information.
This page last updated
in Release # 09-01
Release Date: 04/06/09
Effective Date: 04/06/09