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10 probation system. If the ordered restitution is less than the claim, unless the court order strictly forbids any further collection after the restitution is paid, the balance should be collected. Since June 1999, Small Claims Court can no longer be used to determine fraud, but it can be utilized to assist in collection efforts. 4620.00.00 COMPLETING THE BENEFIT RECOVERY REFERRAL Once it has been determined that an over issuance referral is necessary and that the over issuance occurred within the appropriate time as listed in the previous section, the eligibility worker is to complete the Benefit Recovery Overpayment Details-Referral Details page. Refer to Section 4605.05.05, Eligibility worker Responsibility, as to the necessary information which must be entered in the Benefit Recovery Notes. If incorrect dates are entered, the Benefit Recovery worker can correct these dates later the Overpayment Details- Referral Details page 4620.05.00 ASSIGNING THE REFERRAL TO THE BENEFIT RECOVERY WORKER After a Benefit Recovery referral has been made a task is generated for a Benefit Recovery worker. All claim referrals are to be assigned to a worker within ten working days of the referral being made. 4620.05.10 TOTAL INELIGIBILITY Failure to meet certain eligibility requirements will render an AG totally ineligible, thus negating the necessity for individual monthly calculations. These eligibility factors include: · State residency · Excess resources · Excess gross income · Entire AG made up of individuals who fail to comply with SSN requirements · AG's refusal to provide requested information/verification (use Form 2244) concerning AG composition, income, or resources. 4620.35.00 DETERMINING THE AMOUNT OF OVERPAYMENT (MED) The total amount of Medicaid benefits paid during a period in which the AG was ineligible for MA is recoverable from the recipient or his estate.1 For a member who was covered in a managed care program, this would be the monthly capitation paid by the state for each ineligible month, not the paid claims. For information regarding the filing of a claim against an estate, refer to Section 4700.00.00. Recovery can be pursued even when there is no suspicion of fraud. Medicaid benefits paid in error pending receipt of a hearing decision are to be recovered.