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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

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