1-008.03F Continuation of Benefits

469 NAC 1-008.03F

In cases of adverse action where the worker is required to send timely and adequate notice, if the client requests an appeal hearing within ten days following the date Form IM-8 is mailed, the worker shall not carry out the adverse action until a fair hearing decision is made. This regulation does not apply to those situations outlined in 469 NAC 1-008.03C where the worker is required to send adequate notice only.

This regulation does not restrict the worker from continuing normal case activities and implementing changes to the assistance case that are not directly related to the appeal issue.

The worker shall not carry out an adverse action pending an appeal hearing if -

1. The case action being appealed required adequate and timely notice (see 469 NAC 1-008.03B and 1-008.03C);

2. The client requests an appeal hearing within ten days following the date the notice of finding is mailed; and

3. The client does not refuse continued assistance on Form DA-6.

If the worker's action is sustained by the hearing decision, the worker may institute recovery procedures against the client to recoup the disputed amount of assistance furnished the client during the appeal period (see 469 NAC 3-007.03B). Any amount of overpayment must be shown on the system so that it may be recouped if the client becomes eligible at a later date (see 469 NAC 3-007.03B).

1-008.03F1 Refusal of Continued Benefits

1-008.03F2 Continuation of AABD/MA Benefits Pending an RSDI/SSI Appeal