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DDRS Waiver Manual

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Have an informal meeting to discuss the issue being appealed with the <strong>DDRS</strong>/BDDS Service<br />

Coordinator or other District representative, <strong>DDRS</strong>/BDDS <strong>Waiver</strong> Unit (or representative), or<br />

the <strong>DDRS</strong> Central Office representative.<br />

Upon request, examine the entire case file and all documents and records that will be used by<br />

the <strong>DDRS</strong>/BDDS District representative, <strong>DDRS</strong>/BDDS <strong>Waiver</strong> Unit representative, or the <strong>DDRS</strong><br />

Central Office representative at the hearing, noting that the State’s appeal-related evidence is<br />

sent to the appellant free of charge prior to the hearing.<br />

The appeal notice informs the appellant of his or her right be represented by legal counsel at<br />

the appeal hearing.<br />

Note: The State provides its exhibits to the participant or legal guardian prior to the hearing. Any other<br />

requests for copies of these exhibits must be submitted to the State at the time the appeal is requested<br />

and must include a signed release from the participant/appellant or legal guardian authorizing release of<br />

the exhibits to another party.<br />

Additionally, the appellant may submit their own exhibits to the State prior to the hearing. It is expected<br />

that appellants who are submitting exhibits will bring copies of their own exhibits to the hearing for the<br />

Administrative Law Judge (ALJ) and for the State.<br />

For budget-related appeals, the appellant submits their exhibits to the Bureau of Developmental<br />

Disabilities Services (<strong>DDRS</strong>/BDDS) Appeal Coordinator, who will distribute the copies to the ALJ. The<br />

appellant should submit his or her exhibits to:<br />

BDDS Appeals Coordinator<br />

MS 18<br />

402 W. Washington Street, Room W453<br />

Indianapolis, IN 46204<br />

The appeal must be received by FSSA within 33 calendar days of the NOA decision date.<br />

For eligibility-related appeals, the appellant submits their exhibits to:<br />

Office of General Counsel<br />

MS 27<br />

402 W. Washington Street, Room W451<br />

Indianapolis, IN 46204<br />

The appeal must be received by FSSA within 15 calendar days of the eligibility decision date.<br />

Section 8.10: Preparation for Hearing by the BDDS Service Coordinator or<br />

District representative, BDDS <strong>Waiver</strong> Unit, or the <strong>DDRS</strong> Central Office<br />

The correct application of federal or State law or regulation to the appellant’s situation should be reviewed<br />

by the appropriate State representative for the area in which the decision was made prior to the hearing.<br />

Thorough support of the action proposed or taken must be provided at the hearing.<br />

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