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Appealing Cuts in Your CDCS Budget and/or Services
September 15, 2004
On The Arc of Minnesota web site, we have posted a
Consumer Directed Community
Supports (CDCS) Questions and Answers section that you should review.
Particularly of interest are the appeals questions 5 through 7. Also on
the web site is
"How to Appeal Cuts in Your Waivered Services" that will guide you through the process.
Most families received their CDCS budget amount in the past month. If you decide to appeal, please act now. After consulting with the Minnesota Disability Law Center, The Arc of Minnesota is making the following recommendations:
- If you want to challenge the actual CDCS budget amount you received, you should appeal now within 30 days of receiving your notice.
- If you think that your child's health, safety and welfare will be threatened by a reduction in their CDCS budget, you should also appeal now. Explain why other possible service alternatives cannot meet your needs. Because this information will take time to collect, ask the appeals referee to postpone the hearing on your appeal, and order the county to meet with you to develop a plan if you returned to other waiver services.
- If you are losing CDCS on October 1 because you are in a licensed residential setting (foster care), and the county has not worked with you to shift needed services from CDCS to personal supports or another option, you should appeal now.
- If you are losing an essential service or item because it will not be allowable under CDCS as of October 1, and you have not been able to figure out any other options with your county staff, you should appeal now. (For example, some people use an ICF/MR facility for respite care and may not have been offered a physically accessible alternative.)
- If you are past your 30 days of notice and did not understand or know about your appeal rights and now have decided you should have appealed, submit your appeal now.
Due to the anticipated number of appeals, the Minnesota Disability Law
Center will not be able to assist all the families in appeals. Please
work with Arc on your appeals. Arc advocates will try to answer your
questions and provide assistance.
Please send any information on decisions of an appeal to
cdcs@arcmn.com. These decisions will
be helpful in deciding next steps or further action.