10 Colo. Code Regs. § 2506-1-4.205

Current through Register Vol. 47, No. 22, November 25, 2024

Section 10 CCR 2506-1-4.205 - Application Processing Standards

All newly certified households, except those that are given expedited service, shall be given an opportunity to participate no later than thirty (30) calendar days following the date the application was filed. Households entitled to expedited service shall have benefits available no later than the seventh calendar day following the date of application. For application processing purposes, day "one" (1) is the first calendar day after the application is received by a local office in the correct county.

If the local office does not determine a household's eligibility and provide an opportunity to participate within thirty (30) calendar days following the date the application was filed, the office shall determine whether the delay was caused by failure to act on the part of the household or on the part of the local office as outlined in Sections 4.205.3 through 4.205.4.

4.205.1Processing Standards for Expedited Service

A. The following households are entitled to expedited service:

1. Migrant or seasonal farm worker households whose liquid resources do not exceed one hundred dollars ($100) and who are destitute of income as defined in Section 4.406.

2. Households whose liquid resources do not exceed one hundred dollars ($100) and who reasonably expect to have less than one hundred fifty dollars ($150) of gross monthly income in the calendar month of application.

3. Eligible households whose combined monthly gross income and liquid resources are less than the household's anticipated monthly rent/mortgage and utilities. The appropriate utility standard, as defined in Section 4.407.31, shall be utilized when determining a household's utility costs.

B. Households eligible for expedited service shall be able to access EBT benefits no later than the seventh (7^th) calendar day following the date of application.

1. If a household is entitled to expedited service the local office shall conduct the interview, unless the household cannot be reached, and complete the application process within seven (7) calendar days.

2. Households entitled to expedited service shall complete an interview prior to any determination of eligibility. If a household fails to complete the required interview within seven (7) calendar days following the date the application for assistance was filed, the household is no longer entitled to expedited benefits by the seventh (7th) day following the date of application.

C. Households that apply for initial benefits after the fifteenth (15^th) of the month under the expedited service procedures, which have completed the application and provided all verification within the expedited timeframe and have been determined eligible to receive benefits for the initial month and the subsequent month, shall receive the application month's prorated allotment and the next full month's allotment at the same time.

Households applying for initial benefits after the fifteenth (15^th) of the month for which verification has been postponed shall have the second month's benefits and the prorated allotment available on the seventh (7^th) calendar day. The household must provide all postponed verification before the third month's benefits can be issued.

D. Households not initially screened as requiring expedited service, but subsequently determined to be entitled to such service, shall be entitled to the expedited processing timeframes from the date such a determination was made.

E. If Program benefits are reduced, suspended, or cancelled in accordance with Section 4.904.4, households eligible for expedited service shall receive expedited service in accordance with the following procedures:

1. Those households that receive expedited service in the month(s) in which reductions are in effect and are determined to be eligible shall be issued allotments that are reduced in accordance with the reduction in effect. These reduced allotments shall be made available to the households within the timeframes specified in this section.

2. Those households that receive expedited service in month(s) in which suspensions are in effect and are determined to be eligible shall have benefits issued to them within the timeframes specified in this section. However, if the suspension is still in effect at the time issuance is to be made, the issuance shall be postponed until the suspension is ended.

3. Households eligible to receive expedited processing and who apply for Program benefits during months in which cancellations are in effect shall receive expedited service. However, the deadline for completing the processing of such cases shall be five (5) calendar days or the end of the month of application, whichever date is later. All other rules pertaining to expedited service contained in this section shall be applicable to these cases.

4.205.11Special Provisions for Expedite Service

A. Households requesting, but not entitled to, expedited service shall have their applications processed according to normal processing standards.

B. The local office shall use the following procedures for expediting service:

1. Prior to certification, the identity of the applicant shall be verified.

2. Prior to certification of expedited benefits, all reasonable efforts shall be made to verify residency, income, or lack thereof, and other factors of eligibility. However, verification shall be postponed if it cannot be obtained in sufficient time to meet the expedited processing standards. If verification is postponed, the household shall be certified for expedited benefits, if determined eligible, for the month of application or, for those households applying after the fifteenth (15^th) of the month, the month of application and the subsequent month.

a. Except for migrant households applying after the fifteenth (15^th) of a month, when a household is certified for expedited benefits for an initial month of application and the subsequent month and verification is postponed, a request for verification form shall be annotated to indicate what verification is required in order for further benefits to be issued.

b. When households that apply for benefits on or before the fifteenth (15^th) of the month provide the required postponed verification, the local office shall issue the second month's benefits within five working days from receipt of the verification or the first of the second month, whichever is later.

Households that apply after the fifteenth (15^th) of the month and provide the postponed verification shall be issued the third month's benefits within five working days from receipt of verification, or the first of the third month, whichever is later.

Except for migrant households needing out-of-state verification, when the postponed verification is not completed within thirty (30) calendar days from the date of application, the local office shall terminate the household's participation on the thirtieth (30^th) calendar day without providing a notice of adverse action.

c. Migrants shall be entitled to a postponement of out-of-state verification only once each season. If a migrant household requesting expedited service has already received this exception during the current season, the local office shall grant a postponement of out-of-state verification only for the initial month's issuance and not for the second (2^nd) month's issuance. Migrant households eligible for expedited service and applying after the fifteenth (15^th) of a month which are assigned certification periods of longer than one month shall be issued a request for verification notifying them that they shall provide postponed verification from sources within the state before a second month's benefits are issued and shall provide all verification from out-of-state sources before being issued benefits for the third month. The notice shall also advise the household that if verification results in changes in the household's eligibility or level of benefits, such changes shall be acted on without providing an advance notice of adverse action.

C. There is no limit to the number of times a household can be certified under expedited procedures,

as long as prior to each expedited certification, the household either completes the verification requirements that were postponed at the last expedited certification or the household was certified under normal processing standards since the last expedited certification.

4.205.2Normal Processing Standards

A. The local office shall process applications as expeditiously as possible and provide eligible households a written notification of their eligibility. The applicant household must receive a Notice of Action form, which will indicate the household's period of eligibility and SNAP allotment. Eligible households shall be provided an opportunity to obtain benefits as soon as possible, but no later than thirty (30) calendar days following the date the application was filed. An application shall be considered filed the day a local office in the correct county receives a valid application containing the applicant's name, address, and signature.

B. In cases where verification is incomplete, the local office shall provide the household with a statement of required verification on the state-prescribed notice form and offer to assist the household in obtaining the required verification. The office shall allow the household ten (10) calendar days to provide the missing verifications unless the household missed the first appointment. If the household misses the first appointment and the interview cannot otherwise be rescheduled until after the twentieth (20th) day but before the thirtieth (30th) day following the date the application was filed, the household must appear for the interview, bring verification, and register members for work by the thirtieth (30th) day. A household can be found ineligible or eligible for the month of application and for the following month based on one (1) application if sufficient information for such determination is available. The state-prescribed Notice of Action form shall reflect specific months of eligibility and ineligibility.

4.205.3Delays in Processing Beyond Thirty (30) Days

A. If a household has failed to complete a SNAP application form even though the local office offered to assist the client in its completion, the household shall be at fault. If the local office failed to assist the household, the local office is at fault. If the local office offered the household assistance in completing the application but the household failed to cooperate or failed to complete the application process, the local office shall document in the case record its attempt to assist the household.

B. If a nonexempt household member failed to register for work even though the local office informed the household of the work requirements, the household shall be at fault unless paragraph D of this section applies. If the local office did not give the client at least ten (10) calendar days to supply information, the local office is at fault.

C. If requested verification is missing even though the local office offered assistance and a written notice of needed verification was provided and the household was allowed ten (10) calendar days to supply necessary verification, the household shall be considered at fault unless paragraph D of this section applies. If the local office did not request necessary verification through a written notice, or assist the client as required by these regulations, or give the client time to provide information, then the local office is at fault.

D. If the household failed to appear for the first (1st) interview, failed to schedule a second (2nd) interview and/or requested to postpone the interview until after the thirtieth (30th) day following the date of application, the delay shall be the household's fault.

E. If the household missed both scheduled interviews and requests another interview, the delay shall be the fault of the household.

F. If the local office failed to notify the household to schedule a second interview or failed to schedule a second interview within the thirty (30) calendar days following the date the application was filed or failed to request verification or other necessary action at the interview, the local office is at fault.

4.205.31Delays Caused by the Household

Any time the household requests a postponement which delays the thirty (30) calendar day processing, it shall be the household's fault.

If the household provides requested verification after the thirtieth (30^th) day and on or before the sixtieth (60^th) day from the date of application, the local office shall reopen the case without requiring a new application and benefits will be prorated from the date the requested verification is provided. Any changes in the household situation must be considered for determining eligibility.

4.205.32Delays Caused by the Local Office

Delays that are the fault of the local office include, but are not limited to, those cases in which the office has failed to take any of the actions listed in Section 4.205.3. Whenever a delay in the initial thirty (30) day period is the fault of the local office, the local office shall take immediate corrective action to complete the application process. The local office shall not deny the application if the local office caused the delay, but shall instead notify the household if there is any action the household must take to complete the application process.

Benefits retroactive to the month of application and prorated for an initial month of application in accordance with Section 4.207.2 shall be provided to the household if it is found to be eligible during the second thirty (30) day period. If the household is found to be ineligible, the application shall be denied and the household shall be sent a notice of action form when the eligibility determination is made.

4.205.4Delays in Processing Beyond Sixty (60) Days

A. If the local office is at fault for not completing the application process by the end of the second thirty (30) day period, and the case record is otherwise complete, the office shall continue to process the original application until an eligibility determination is made. If the household is found to be eligible, and the local office was also at fault for the delay in the initial thirty (30) days, benefits retroactive to the month of application shall be provided to the household. However, if the delay during the initial thirty days was the household's fault, benefits shall only be provided back to the month following the month of application (see Section 4.207.2).

B. If the local office is at fault for not completing the application by the end of the second thirty (30) day period, but the case record is insufficiently complete to make an eligibility determination, the office shall deny the case and request the household to file a new application, if desired.

C. If the household is at fault for not completing the application process by the end of the second thirty (30) day period, the application shall be denied and a new application required if the household wishes to participate. The household shall not be entitled to any lost benefits even if the delay in the initial thirty day period was the fault of the local office.

10 CCR 2506-1-4.205

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 21, November 10,2014, effective 12/1/2014

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 05, March 10, 2016, effective 4/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 15, August 10, 2016, effective 9/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 15, August 10, 2018, effective 9/1/2018

40 CR 23, December 10, 2017, effective 12/30/2018

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 17, September 10, 2019, effective 10/1/2019

42 CR 18, October 10, 2019, effective 10/1/2019

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 05, March 10, 2020, effective 2/7/2020

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 19, October 10, 2022, effective 10/1/2022

45 CR 19, October 10, 2022, effective 11/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022