Page 252

S N A P M A N U A L

252 2 1 . 2 E R R O R S D I S C O V E R E D B Y T H E A G E N C Y If the Agency determines that a loss of benefits has occurred, and the household is entitled to restoration of those benefits, the Agency will automatically take action to restore any benefits that were lost. No action by the household is necessary. However, benefits will not be restored if the benefits were lost more than 12 months prior to the month the loss was discovered by the Agency in the normal course of business, or were lost more than 12 months prior to the month the Agency was notified in writing or orally of a possible loss to a specific household. The Agency will notify the household of its entitlement, the amount of benefits to be restored, any offsetting that was done, the method of restoration, and the right to appeal through the fair hearing process if the household disagrees with any aspect of the proposed lost benefit restoration.

2 1 . 3 D I S P U T E D B E N E F I T S If the Agency determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the Agency or any other action taken by the Agency to restore lost benefits, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement to restoration of lost benefits. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household will receive the lost benefits as determined by the Agency pending the results of the fair hearing. If the fair hearing decision is favorable to the household, the Agency will restore the lost benefits in accordance with that decision. If a household believes it is entitled to restoration of lost benefits but the Agency, after reviewing the case file, does not agree, the household has 90 days from the date of the Agency determination to request a fair hearing. The Agency will restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the Agency was initially informed of the household's possible entitlement to lost benefits will not be restored.

2 1 . 4 C O M P U T I N G T H E A M O U N T T O B E R E S T O R E D After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the 12-month time limits described above in Section 21.2 Errors Discovered by the State and Section 21.3 Disputed Benefits, the Agency will calculate the amount to be restored as follows: (A) If the household was eligible but received an incorrect allotment, the loss of benefits will be calculated only for those months the household participated. If the loss was caused by an