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CLAIMS HANDBOOK - Department of Human Services

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BENEFIT RECOVERY (<strong>CLAIMS</strong>) <strong>HANDBOOK</strong><br />

FAIR HEARINGS AND <strong>CLAIMS</strong><br />

Prior to any collection activity on a debt, the AU must be notified via a system generated or<br />

manual notice that a debt exists and <strong>of</strong> their right to a Fair Hearing.<br />

The TANF AU has 30 days and the FS AU has 90 days from the date <strong>of</strong> the notice in which<br />

to request a hearing on the “fact <strong>of</strong> the claim” or “amount <strong>of</strong> the debt” ONLY. Suspend the<br />

claim immediately if the “fact <strong>of</strong>” or “amount” is in question. Consider Compromise if<br />

appropriate.<br />

If the AU requests a hearing related to Federal Benefit or State Tax intercepts, refer them to<br />

the Claims / Collections Unit. See appendix for additional information.<br />

If the AU requests a hearing due to benefit reduction or recoupment, the county <strong>of</strong>fice<br />

processes the request and DOES NOT suspend the claim.<br />

Notify OPIC <strong>of</strong> any hearing requests involving a fraud type claim. The OPIC agent is to be<br />

present when OSAH conducts the hearing.<br />

Include fair hearings associated with claims on the Monthly Fair Hearings Log. When agency<br />

action is upheld in a fair hearing, reestablish the claim manually to assign a new<br />

establishment date and generate a new notice to the customer. Terminate the original claim<br />

after any payments posted to that claim are moved to the new claim (Refer to pg 33 –<br />

Payments moved from one sequence to another).<br />

Rev December ‘10 48

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