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MS 0540 (1) Volume 1 - General Administration MS 0540 - R. 1/1/19 - OMTL-538 [The Cabinet Secretary/Secretary’s Designee Decision The Cabinet Secretary/Secretary’s Designee decision is mailed to the recipient and the recipient's legal counsel by the Cabinet Secretary/Secretary’s Designee. The Cabinet Secretary/Secretary’s Designee decisions are confidential case information and may be released only to the recipient, the recipient’s power of attorney or legal representative, or the recipient’s attorney. Whenever the hearing officer's decision is upheld, the letter of transmittal advises the recipient of the right to appeal to the Circuit Court in his home county within 30 days of the date the decision is mailed. The decision of the Cabinet Secretary/Secretary’s Designee is mandatory and irrevocable except by judicial action, until such time as investigation or reapplication establishes that facts surrounding the issue have altered to the extent that the decision is no longer appropriate. A. Retroactive Payments. If the Cabinet Secretary/Secretary’s Designee reverses the decision of the hearing officer, payment and/or medical entitlement retroactive on a month-by-month basis is authorized in the local office, along with authorization for continuing action, provided it is established that the recipient is currently eligible. B. Field Action. Field Action on the Cabinet Secretary/Secretary’s Designee decisions corresponds to hearing decisions in that:] 1. Document the case comments; 2. Reversals are set up for appropriate redetermination; and 3. If the decision contains recommendation for referrals, treatment, etc., follow­ up on the recommendation is made immediately.