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The DFR is responsible for assisting an unsatisfied individual so that he may fully exercise his right to appeal.1 Any time an individual expresses disagreement with any action taken, he must be verbally reminded of the right to request a fair hearing. Assistance is to be provided to the individual who is having difficulty in preparing the request for an appeal. The individual is to be informed that they may represent themselves at the hearing or be represented by an attorney, a relative, a friend, or any other spokesman of his choice.1 Information and referral services should also be provided to help the unsatisfied individual make use of any free legal services that are available in the community. This information is included on the eligibility notices. 4205.10.00 APPEALABLE ACTIONS In accordance with Indiana Code §12-15-28-1, any action with which an applicant for or recipient of Medicaid is dissatisfied may be appealed. An applicant may appeal and have a fair hearing when his application for medical assistance is denied or not acted upon with reasonable promptness.5 A recipient may appeal when he believes the agency has taken erroneous action to reduce, suspend or discontinue assistance.6 An individual can also appeal the level of benefits for which he is receiving. 4205.10.05 SPOUSAL IMPOVERISHMENT SPECIFIED APPEALABLE ISSUES (MED 1) For institutionalized individuals with community spouses (eligibility that is determined under the spousal impoverishment provisions), there are certain specific issues which are appealable, and criteria are set forth by which an Administrative Law Judge (ALJ) can establish a higher community spouse resource standard and spousal allocation.7 The resource issues that are subject to appeal include: The computation of the spousal share: If either spouse or their representative alleges that the spousal share was computed inaccurately, they may appeal if an application for MA has been filed on behalf of the institutionalized spouse. For example, an applicant might appeal the spousal share because he disagrees with the DFR's determination of the availability of a resource or because the couple neglected to disclose the existence of a particular resource at the time of the assessment. The computation of the community spouse resource standard: An appeal of the resource standard could be related to the couple's disagreement with the spousal share computation. For example, the community spouse would be entitled to a higher resource standard if the spousal share was determined too low. The computation of the number of resources to be transferred to the community spouse: Hearings on this issue must be held within 30 days of the date of the appeal request. Therefore, it is important that the DFR specifically notify the Hearings and Appeals Section of the nature of such an appeal when forwarding it to them. The income issues that are subject to appeal are as follows: