Rule 5101:4-5-07 | Food assistance: delayed eligibility determinations for initial applications.
(A) What happens when an eligibility determination on an initial application is not made within thirty days?
When the county agency cannot make an eligibility determination within thirty days from the date of application, the cause of the delay must be determined. Depending on the cause of the delay, a notice of either denial or of pending status must be provided on the thirtieth day for applications that are delayed in processing. The county agency shall determine the cause of the delay using the following criteria:
(1) Assistance group (AG) caused delays
(a) The AG is at fault when the AG fails to complete the application process (e.g. failure to provide required verifications or complete an interview) even though the county agency has taken the required actions to assist the AG as described in paragraph (A)(2) of this rule.
(b) When the AG fails to participate in the first interview and a subsequent interview has been requested by the AG but is postponed at the AG's request or cannot otherwise be rescheduled until after the twentieth day but before the thirtieth day following the date the application was filed. The AG must participate in the interview and provide verification by the thirtieth day; otherwise, the delay shall be the fault of the AG.
(c) When the AG fails to participate in the first interview, fails to schedule a second interview, and/or the subsequent interview is postponed at the AG's request until after the thirtieth day following the date the application was filed. The delay shall be the fault of the AG. When the AG has missed both scheduled interviews and requests another interview, any delay shall be the fault of the AG.
(2) County agency caused delays
The county agency is at fault when it fails to comply with the following:
(a) Offer assistance with completing the application;
(b) Provide the AG with a statement of required verification. The county agency is to offer to assist in obtaining required verification and allow the AG sufficient time prior to the thirtieth day following the date of application to provide the missing verification. Sufficient time shall be at least ten days from the date of the county agency's initial request for the particular verification that was missing;
(c) Send the AG a JFS 04218 "Notice of Missed Interview" or its equivalent from the Ohio benefits integrated eligibility system and notify the AG that it is responsible for rescheduling a missed interview pursuant to rule 5101:4-2-07 of the Administrative Code. When the AG contacts the county agency within the thirty day processing period, the county agency must schedule a second interview; or
(d) Process the application by the thirtieth day when the AG has met all of its application obligations.
(B) What happens to an application when the AG caused the delay in the initial thirty days?
When the AG causes the delay, the application shall be processed as follows:
(1) The county agency shall send a notice of denial in accordance with rule 5101:4-2-11 of the Administrative Code.
(2) The AG shall lose its entitlement to benefits for the month of application. However, the AG shall be given an additional thirty days to take the required action.
(3) When a notice of denial is sent and the AG takes the required action within sixty days of the date the application was filed, the county agency shall reopen the case without requiring a new application.
(4) No further action by the county agency is necessary after the notice of denial is sent when the AG fails to take the necessary action within sixty days of the date the application was filed.
(C) How is an application processed when the county agency caused the delay in the initial thirty days?
A notice of pending status is to be sent on the thirtieth day or the business day prior to the thirtieth day. A notice of denial cannot be sent for county agency caused delays.
(1) When the application is to be held pending because some action by the county agency is necessary to complete the application process, the county agency is to provide the AG with a written notice informing the AG that the application process has not been completed and is being processed.
(2) The county agency is to notify the AG of any action it is to take to complete the application process.
The notice will inform the AG that the application will be denied when the AG fails to take the necessary action within sixty days of the date that the application was filed.
(D) How is an application processed when the application has pended sixty days and all information is received?
(1) When the county agency is at fault for not completing the application process by the end of the second thirty-day period and the case file is otherwise complete, the county agency shall continue to process the original application until an eligibility determination is reached.
(2) When the AG is determined eligible and the county agency is at fault for the delay in the initial thirty days, the AG shall receive benefits retroactive to the month of application.
(3) When the initial delay is the AG's fault, the AG shall receive benefits retroactive only to the month following the month of application.
(E) How is an application processed when the application has pended sixty days and information is still incomplete?
(1) When the county agency is at fault for not completing the application process by the end of the second thirty-day period, but the case file is not complete enough to reach an eligibility determination, the county agency may continue to process the original application, or deny the application. When the case is denied, a notice of denial is to be sent to the AG informing the AG to file a new application and of its possible entitlement to benefits lost as a result of the county agency delay.
(2) When the AG is determined eligible and the county agency is at fault for the delay in the initial thirty days, the AG shall receive benefits retroactive to the month of application.
(3) When the initial delay is the AG's fault, the AG shall receive benefits retroactive only to the month following the month of application.
(4) When the AG is at fault for not completing the application process by the end of the second thirty-day period, the county agency shall deny the application and require the AG to file a new application.
Last updated October 1, 2026 at 9:28 AM
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