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15 Cases are to be referred to Small Claims Court when AGs refuse to sign the repayment agreement or fail to make repayment within the specified period. The DFR must present to the judge all necessary evidence, including the legal basis, substantiating those benefits were paid incorrectly on behalf of the individual. Additionally, the DFR must present documentation showing potential sources from which recovery can be made. Recovery cannot be made from SSI benefits provided by the Social Security Administration.2 However, Small Claims Court can still issue a judgment if the AG has no available income or assets, or his MA case has been discontinued. When the DFR receives a favorable judgment in a Small Claims Court, the judgment is to then be entered on the Circuit Court docket as a permanent court record since this is not done by a Small Claims Court. Through this recording an individual can be pursued on the judgment through a lien on real property. The FSSA Office of General Counsel is to be consulted for specific information and/or assistance regarding Small Claims Court procedures and other legal matters which may arise when pursuing recovery. 4635.35.00 HEARING REQUESTED ON OVER ISSUANCE When an AG requests a fair hearing regarding the circumstances of an over issuance, the amount of over issuance, or the repayment plan established by the Benefit Recovery unit, the Fair Hearing > Maintain Appeal page must be completed. When the individual's request is in writing, a copy must be sent to Hearings and Appeals, 402 West Washington Street, Room E034, Indianapolis, IN 46204. A copy may also be faxed to 317-232-4412. When the hearing decision is issued, an alert will be generated so the worker is aware of the results. If the county is sustained, the worker will request a new notice be generated to the AG giving them another 30 days to sign a repayment agreement and make their first payment. If the county is not sustained, the claim will need to be terminated and any payments that had been collected will need to be refunded. The Administrative Law Judge may remand it back to the county to adjust in which case a new Notice of Overpayment would be sent. When the final hearing decision is received, repayment will begin the following month in the amount specified by the hearing decision. 4640.00.00 TRANSMITTAL OF REPAYMENT Payments must be mailed to: FSSA Claim Repayment P.O. Box 621007 Indianapolis, IN 46262-1007