CLAIMS HANDBOOK - Department of Human Services
CLAIMS HANDBOOK - Department of Human Services
CLAIMS HANDBOOK - Department of Human Services
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BENEFIT RECOVERY (<strong>CLAIMS</strong>) <strong>HANDBOOK</strong><br />
State Tax Offset – Hearing Request<br />
**Hearings requested involving a disputed claim or disputed claim balance are processed by the county.<br />
The customer has 30 days from initial notification to request a hearing on a TANF claim or 90 days from initial<br />
notification to request a hearing on a FS claim.<br />
** Hearings involving State Tax Offset are processed by the Claims / Collections Unit. Customers are notified<br />
by the GA department <strong>of</strong> Revenue when a State Tax <strong>of</strong>fset has occurred. Customer has up to 30 days to<br />
request a hearing to contest the <strong>of</strong>fset. The customer must submit a written request for a hearing by mailing or<br />
faxing the request and a copy <strong>of</strong> the <strong>of</strong>fset notice directly to the Claims / Collections Unit at:<br />
Sequence <strong>of</strong> events:<br />
Claims / Collections Unit<br />
P O Box 38442<br />
Atlanta, GA 30334-0442<br />
(404) 657-3626 - Fax<br />
• A claim becomes delinquent with a month’s payment is missed.<br />
• A claim is identified as delinquent by SUCCESS and added to DSO interface (customer is not notified<br />
<strong>of</strong> addition to DSO).<br />
• The customer files State Income Tax expecting Refund<br />
• An <strong>of</strong>fset notice is sent from GA <strong>Department</strong> <strong>of</strong> Revenue to the customer. Hearing rights are explained<br />
in the notice.<br />
• When a hearing request is received, Dept <strong>of</strong> Revenue is notified and State Claims Fiscal <strong>Services</strong><br />
requests additional information (if needed) from the county’s claims manager via Form 17.<br />
• If the claims manager determines that the <strong>of</strong>fset (or the amount <strong>of</strong> the <strong>of</strong>fset) is not valid, Form 18 is<br />
completed and returned.<br />
Examples:<br />
1. Claim is not valid, and should not have been approved and scheduled<br />
2. Customer is not liable for repayment<br />
3. Claim is not delinquent due to recent disposition by OPIC or untimely posting <strong>of</strong> payments<br />
4. Customer has filed jointly with someone who is not liable (See handbook / Innocent Spouse)<br />
5. Claim has recently been paid in full<br />
6. Customer has recently filed bankruptcy, Status is SU or TM<br />
• If the claims manager determines that an <strong>of</strong>fset is valid, Form 19 is completed and returned with<br />
supporting information from claim file attached.<br />
• Claims / Collections Unit staff completes OSAH Form 1, and submits to the Office <strong>of</strong> State<br />
Administrative Hearings.<br />
• OSAH notifies the county and customer <strong>of</strong> the hearing date.<br />
Money that has been <strong>of</strong>fset remains in pending status by State Treasury until a decision is made by OSAH.<br />
• If the hearing <strong>of</strong>ficer decides that the <strong>of</strong>fset is valid the <strong>of</strong>fset is released to DFCS and posted.<br />
• If the hearing <strong>of</strong>ficer decides that the <strong>of</strong>fset is not valid; the <strong>of</strong>fset is refunded to the client by State<br />
Treasury.<br />
Rev December ‘10 65