Page 14

14

If the hearing decision sustains an adverse action and continued benefits were received pending the hearing in accordance with Section 4205.26.00 of this Chapter 4200, the DFR must immediately take appropriate corrective action to institute recovery procedures against the applicant or beneficiary to recoup the cost of such services by establishing a claim for benefits the beneficiary received pending the hearing decision.28 Additionally, action to implement the correct budget should be taken. 4210.30.10.10 ACTION IS MODIFIED DFR actions which are modified by the hearing decision must be immediately corrected as directed by the hearing decision. This may require a claim for incorrectly issued benefits or a restoration if benefits received were not at the correct level. 4210.30.10.15 ACTION IS REVERSED If the hearing decision reverses the DFR's action, and continued benefits were received, no further action is required. However, if the hearing decision reverses the DFR's action, and continued benefits were not received, immediate corrective action must be taken. Please refer to Section 4205.26.00. 4210.35.00 AVAILABILITY OF AGENCY REVIEW The appellant or the DFR may request an Agency Review of the case by the Family and Social Services Administration if dissatisfied with the decision made by ALJ. The agency review is explained to the appellant in the decision.29 The request must be made in writing to the OHA within 10 days following receipt of the hearing decision.30 4210.35.05 AGENCY REVIEW Once an Agency Review is requested, the Hearings and Appeals Section write to the DFR and the appellant to acknowledge receipt of the request and to provide information concerning the review. The parties may choose to submit a written Memorandum of Law for consideration. The Memorandum of Law must be submitted within twenty (20) days of the date of hearing decision. The Agency Review's decision will be sent to appropriate parties by certified mail. Action required by the hearing decision must be enforced while awaiting the Agency Review. Any party aggrieved by the decision of the Agency Review may file a petition for Judicial Review in the appropriate court by following the procedures required by IC 4-21.5-5-5 et seq. 4210.40.00 LAWSUITS When an applicant/recipient (plaintiff) sues the DFR and/or the Central Office (defendant) and DFR staff are subsequently contacted by the plaintiff's attorney, the attorney should be advised to contact the defendant's attorney of record. The defendant's attorneys of record would be the