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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
12.2.10.1
Remedy for Paid W-2 Placements
12.2.10.2 Remedy for
Custodial Parent of an Infant (CMC) and At Risk Pregnancy (ARP) Placements
12.2.10.3
Remedy for Job Access Loans
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 the Petitioner and its Regional Administrator/Coordinator on or before the 10th calendar day after the decision date and explain why the decision cannot be carried out timely.
If the decision overturns the agency’s denial of an applicant’s paid W-2 employment position, the W-2 agency must place the individual in a 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 must restore the W-2 payment to the appropriate level retroactive to the date on which the payment was incorrectly calculated, reduced or terminated.
If the decision overturns the agency’s denial of a CMC placement, the W-2 agency must place the individual in the CMC placement effective the date of the baby’s birth or the date of the application, whichever was later, and a retroactive cash payment must be issued.
If the decision overturns the agency’s end date of the CMC placement, the agency must correct the end date and a retroactive payment must be issued.
If the decision overturns the agency’s denial of an ARP placement, the W-2 agency must place the individual in the ARP placement effective the date of the application or the date that all the ARP financial and nonfinancial requirements have been met, whichever was later, and a retroactive payment must be issued. (See Operations Memo 09-77)
If the decision overturns the agency’s denial of a Job Access Loan (JAL) due to an error in financial or nonfinancial eligibility determination, the agency must re-examine the JAL eligibility based on the new information.
History: Release 21-01; Release 11-03.