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Benefits lost more than 12 months prior to the date the Local Office was initially informed of the AG’s possible entitlement will not be restored.

If the AG disagrees with the amount to be restored as calculated by the Local Office or any other action taken by the Local Office to restore under issued benefits, the AG may request a fair hearing within 90 days of the date the AG is notified of its entitlement.

If the fair hearing decision is favorable to the AG, the Local Office must restore any under issued benefits in addition to those previously restored, in accordance with that decision. 3610.15.20 COMPUTING THE AMOUNT TO BE RESTORED (S)

To prevent future losses, correct the error and then determine the months affected (excluding those months for which benefits may have been lost prior to the 12-month limit) and calculate the amount to be restored. 3610.15.20.05

DETERMINING THE MONTHS AFFECTED (S)

If the AG was eligible but received an incorrect allotment, the under issuance of benefits must be calculated only for those months the AG participated.

If the under issuance was caused by an incorrect delay, denial, or termination of benefits, the months affected by the under issuance must be calculated as follows: • For an under issuance due to erroneous denial, the month the under issuance initially occurred will be the month of application; • For an eligible AG filing a timely reapplication, the month following the expiration of its entitlement period will be the month of application; • For an under issuance due to erroneous delay, the months for which benefits may have been lost due to the Local Office’s delay must be calculated; and for an under issuance due to erroneous termination, the month the under issuance initially occurred will be the first month benefits were not received as a result of the erroneous action. 3610.15.20.10

CALCULATION OF UNDER ISSUED BENEFITS (S)

The caseworker must then calculate the amount of the restoration for each month subsequent to the date the under issuance initially occurred until either the first month the error was corrected, or the first month the AG is found ineligible.

Documentation must establish the AG’s eligibility for each month affected by the loss. If information is not available that verifies the AG’s eligibility, the Local Office must advise the AG of the information that must be provided to determine eligibility for those months. For each month the AG cannot provide the necessary information to demonstrate its eligibility, the AG must be considered ineligible.