Appendix B Appealing a Final OSAH Decision | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Appealing a Final OSAH Decision

Effective Date:

February 2022

Chapter:

Appendix B

Policy Number:

N/A

Previous Policy Number(s):

MT 38

Updated or Reviewed in MT:

MT-65

Requirements

Both the applicant and recipient and DHS/DFCS have the right to motion to vacate a default, request a reconsideration, rehearing, or judicial review of a final OSAH decision.

Basic Considerations

The applicant or recipient (the Petitioner) and DHS/DFCS (the Respondent) have the right to appeal a final hearing decision that is unfavorable to the respective party.

A motion for reconsideration or rehearing will be considered only if filed within ten (10) calendar days of the entry of the Decision. However, the time for filing such a motion may be extended by the Court for good cause.

Effective May 8, 2018, in accordance with O.C.G.A. Section 50-13-41(c), every decision by an OSAH ALJ is a final decision that may be appealed by filing a petition for judicial review, with proper service upon DHS in accordance with the applicable law, in the Fulton County Superior Court or in the Superior Court in the county of residence of the petitioner.

A review of TANF eligibility must be completed by the TANF Policy Unit to ensure the appeal request is accurate. The TANF Policy Unit notifies the Fair Hearing Specialist of the review decision. To request an appeal through the DHS/DFCS Office of General Counsel (OGC), the Fair Hearing Specialist must email the Form 136, Request for a Final Appeal (including all supporting documentation) to the Fair Hearing Coordinator Supervisor who will email all documents to OGC.

OGC will review the request to determine the validity of the appeal and submit all approved requests for appeal to the Office of Attorney General to request that a civil action be commenced by the filing of a petition for judicial review in the appropriate Superior Court.

Because the petition for judicial review must be filed in the appropriate Superior Court within 30 days after service of the final decision, timely notification to the OGC is essential.

Applicant/Recipient Appeals of the Final Hearing Decision

A party has 30 days after service of the final decision to file a petition for judicial review. Service of the final decision is defined as the date the final decision was mailed, i.e., the date of the postmark or the date of the email (if delivered electronically).

OSAH’s Final Decision must include instructions on how to file an appeal of the Final Decision.

The Superior Court reviews the applicant’s or recipient’s appeal, renders a final decision, and notifies all parties (applicant, recipient, AU’s representative, and DHS/DFCS).

The following chart is used to determine whether to continue, reinstate or change benefits pending an appeal of a final decision:

Chart B.3 – Continuation of Cash Assistance Pending an Appeal of a Final Hearing Decision

THEN

the applicant or recipient files a petition for judicial review of the final decision within 30 days after the date of service of such decision and requests continuation of benefits in the applicant’s or recipient’s petition for judicial review,

A request for continuation of benefits on a petition for judicial review by the applicant or recipient can only be given if continuation of benefits was granted from the original fair hearing request.

while the appeal of the final decision is pending, cash assistance may be continued at the previous amount pending the hearing decision.

the applicant or recipient files a petition for judicial review of the final decision and any change occurs that affects eligibility,

while the appeal of the final decision is pending, the benefits are changed as needed and OGC notified.

the agency files a petition for judicial review of the final decision within 30 days after the date of the service of such decision that was not in the agency’s favor,

the agency will not take any action on the final decision until a superior court order is issued on the agency’s petition for judicial review.

DHS/DFCS is required to act timely on the decision issued by the superior court on a petition for judicial review, which may result in corrective payments (i.e., overpayment or underpayments).