11.5.2 Prior To Closing a Case for Noncooperation

11.5.2.1 Exploring Potential Barriers

11.5.2.2 Notice of Noncooperation and Notice of Eligibility

11.5.2.2.1 Notice of Noncooperation with W-2 Requirements

11.5.2.2.2 Notice of Eligibility

11.5.2.3 Rectifying Noncooperation Prior to Case Closure

11.5.2.3.1 Rectifying a Missed EP Review

Prior to closing a participant’s case for noncooperation, The FEPFinancial and Employment Planner must complete the following steps:

1. Assess for any potential underlying barriers;

2. Send the W-2 participant a Notice of Noncooperation with W-2 Requirements (CWWCARES Worker Web letter NWNC) indicating the potential case closure and reason(s) for the closure; and

3. Provide the participant seven working days to rectify the Notice of Noncooperation with W-2 Requirements (NWNC) letter. Day one is the first working day after the mailing date of the NWNCNotice of Noncooperation with W-2 Requirements.

Although a payment reduction is not necessary prior to all case closures, e.g., failing to verify information, it is required prior to closing a case for noncooperation with job search.

11.5.2.1 Exploring Potential Barriers

W-2 informal assessment policy requires FEPs to conduct ongoing informal assessments, which includes the need to work together with participants to identify any underlying causes of nonparticipation and provide individualized support to help them overcome barriers to participating in W-2 activities. (See 11.1)

Before closing a case for noncooperation, the FEP must complete and document completion of, in WWPWisconsin Work Programs through detailed PIN comments and on WWP pages where appropriate, the following three steps:

1. Work together with participants to identify any underlying causes of nonparticipation, including unidentified barriers or other good cause reasons for failing to cooperate. (See 11.1)

2. Provide individualized support to help address the barriers that may have caused the noncooperation.

3. Record all participation data in the W-2 Participation Calendar in WWP prior to determining ineligibility and completing case closure.

11.5.2.2 Notice of Noncooperation and Notice of Eligibility

11.5.2.2.1 Notice of Noncooperation with W-2 Requirements

11.5.2.2.2 Notice of Eligibility

11.5.2.2.1 Notice of Noncooperation with W-2 Requirements

The FEP must issue the Notice of Noncooperation with W-2 Requirements (CWW letter NWNC) to provide a final opportunity for the participant to present good cause for noncooperation.

The FEP must manually issue the NWNC letter via CWW prior to generating a Notice of Eligibility, and indicate on the NWNC letter the:

1. Correct noncooperation reason; and

2. Date of noncooperation (See 11.5.1.1).

The NWNC letter informs the participant to contact the worker as soon as they receive it to explain why the noncooperation occurred.

11.5.2.2.2 Notice of Eligibility

The FEP must generate the case closure for CARES to issue the appropriate Notice of Eligibility if:

• The participant does not comply with what is requested within the seven-working day-timeframe in the NWNC letter, or

• The FEP determines, using the good cause criteria, that good cause does not exist for the noncooperation.

The FEP must not end the participant’s W-2 placement until the last day of the seven- working-day timeframe, even if the FEP determines prior to the last day of the seven-day timeframe that good cause does not exist.

The Notice of Eligibility contains information on filing a Fact Finding Review if the participant does not agree with the decision.

11.5.2.3 Rectifying Noncooperation Prior to Case Closure

11.5.2.3.1 Rectifying a Missed EP Review

In addition to exploring potential barriers, if a participant’s case is going to close for noncooperation, the W-2 agency must:

1. Provide written notice to the W-2 participant of the proposed case closure, including the reason for the case closure; and

2. Allow the participant seven working days to rectify the discrepancy and prevent the proposed W-2 payment reduction.

Rectifying means that the participant is given one last opportunity to present good cause for failing to cooperate or to present late documentation of completed assigned activities.

If the participant claims good cause, the FEP must use the good cause criteria (See 11.3.2) to determine if:

1. The absence meets any of the W-2 good cause reasons; and

2. Written verification of good cause (called “proof of good cause” in the letter) is required. (See 11.3.4)

If the participant submits late documentation of completed assigned activities, the documentation must be for the dates the activity was assigned on the Employability Plan.

If written verification of good cause is required, the participant has seven working days to provide written verification of good cause. The next working day after the mailing date of the letter is day one. See table for example scenario.

Noncooperation with W-2 Requirements (NWNC) letter includes the date by which written verification needs to be provided, if required. (See 11.3.4)

The date provided on NWNC is the final date any verification can be received. The verification due date cannot be extended from seven working days to 30 days.

If a participant reapplies after their case closed due to noncooperation, and presents written verification of good cause, the agency must not apply the nonfinancial eligibility policy regarding cooperating with the W-2 agency within 180 days of application. (See 2.2.1)

11.5.2.3.1 Rectifying a Missed EP Review

In the case of a missed EPEmployability Plan review appointment, the participant has seven working days from the date of the CWWCARES Worker Web letter NWNCNotice of Noncooperation with W-2 Requirements to make the appointment. It is assumed in this scenario that the participant missed an EP review appointment that was scheduled prior to the EP expiration.

The NWNC letter:

1. Instructs the participant to contact the worker to reschedule the EP; and

2. Explains that if the participant does not appear for the rescheduled appointment, the case will close unless good cause for the missed appointment exists.

If the participant calls, the W-2 agency must reschedule the EP review appointment; regardless of whether the participant has good cause for missing the first EP review appointment.

If the participant does not appear for a rescheduled EP review appointment, the FEP must not end the participant’s W-2 placement until the last day of the seven-working-day timeframe or the date the EP expires, whichever is later.

History: Release 24-07; Release 21-07; Release 20-03; Release 19-02; Release 18-04; Release 11-06; Release 11-04; Release 11-01.