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The ownership of income: The institutionalized spouse may rebut through the fair hearing process the ownership of income as determined by the DFR. The amount of the spousal income allocation is based on the following: The couple or their representative may appeal against the amount of income allocation budgeted by the DFR. Absent a calculation error by the DFR, the couple must establish that the community spouse needs a higher allocation due to exceptional circumstances resulting in extreme financial duress. Exceptional circumstances are those in which the community spouse is required to pay an expense beyond what is recognized in the establishment of the maintenance standard. An example might be a medical expense which the community spouse cannot be expected to pay out of the amount established for maintenance needs. An ALJ ruling in which a higher allocation is granted will be conditioned upon the existence of exceptional circumstances which will cause extreme financial duress. Therefore, it is the responsibility of the DFR to monitor the case to determine whether the exceptional circumstances continue to exist. The necessary frequency of this monitoring will depend on the individual circumstances involved, but generally the frequency should not be less often than quarterly. When the DFR has determined that the exceptional circumstances which substantiated the higher income allocation granted by the ALJ no longer exist, a desk review must be completed. The DFR is to calculate the spousal allocation as explained in Chapter 3400 and provide timely notice to the individual and his representative. If the individual disputes DFR’s determination, they may appeal. Note that a higher spousal income allocation based on financial duress can be established only by an ALJ, not the DFR. The DFR's role in this matter is to monitor the case after the ALJ's ruling to determine when the documented exceptional circumstances no longer exist. 4205.15.00 GROUP APPEALS Office of Administrative Law Proceedings may respond to a series of requests for hearings by providing group hearings in cases in which the sole issue involved in the cases is one of federal or state law or regulation.8 Similarly, a group of individuals who wish to appeal to some aspect of policy may request to be heard as a group. If there is disagreement as to whether the issue is one of federal or state law or regulation or the facts of an appellant's personal situation, OHA Office of Administrative Law Proceedings will make the decision as to whether his appeal may be included in a group hearing. The ALJ may limit the discussion in a group hearing to the sole issue under appeal. When an appellant's request for a hearing involves additional issues to the one serving as the basis for the group hearing, his appeal will be handled individually. An appellant scheduled for a group hearing may choose to withdraw and be granted an individual hearing regardless of whether his grievance is limited to the sole issue involved in the group hearing.