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requests not to have benefits paid pending appeal). TANF and FS benefits paid pending a hearing decision will be considered overpayments if the Department's proposed action is upheld. MA MA recipients must be notified of and afforded the right to free legal counsel. TANF See MA. In addition, each adult recipient has the right to exercise personal decisions regarding the use of the TANF cash grant except in cases in which a protective payee or involuntary rental vendor payment has been established (see Chapter 11: Restricting TANF Payments in Part VIII). GC See MA FS See MA Information on the loss of an EBT card has been moved to Section 5.7: Loss of Benefits in Part VIII.

SPECIFIC PROGRAM RIGHTS OF APPLICANTS 1.5

ALL The following rights are held by applicants who apply for benefits for themselves or on behalf of other adults or children: • Each applicant has the right to apply for assistance without delay, including the rights to: o receive and file an application for benefits the same day s/he contacts the Department if s/he contacts the agency during office hours; o receive assistance in completing the application in person within the same day if requested; o have an application mailed on the same business day to individuals requesting an application by mail or telephone. 'Mail' refers to the transmittal of all written communications and documents and may include, but is not limited to, the U.S. Postal Service, other commercial delivery services, and electronic communications or document transmission technology, such as electronic mail or the Internet; and o apply for benefits at any time, including while a fair hearing request is pending or after a hearing decision has been made. • Each applicant has the right to an initial application interview in the home or on the telephone if an adult representative is unable to go to the service center because of one of the following circumstances: o the applicant or adult representative has a mental or physical medical condition that prevents visiting a Department office or service center; o the applicant is over age sixty-five (over age sixty under the FS program); or o the authorized program manager (center manager) determines on a case-by-case basis the need to conduct an in-home or telephone interview 'Telephone' refers to any mode of real-time, person-to-person telecommunications, including but not limited to the telephone, telecommunications device for the deaf (TDD), teletypewriter (TTY), videophone, teleconferencing, or other electronic telecommunications device. • Each applicant has the right to adequate written notice that his/her application for benefits has been approved or denied. If the application is approved, the applicant shall receive a written notice stating what benefits are granted. If the application is denied, the written notice shall include the following: o a statement of the reason for denial; o the specific regulation supporting such action; and o an explanation of the applicant's right to request a fair hearing, to be represented at the hearing, and the availability of low or no cost legal services from public and