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Page | 312 19150 DISPUTED BENEFITS

If the household does not agree with the amount or any other action taken by the Specialist to pay lost benefits, the household may request a fair hearing within 90 days of the date of notification of entitlement to the benefits.

If a fair hearing is requested before or during the time lost benefits are being issued, the household will continue to receive the under issued benefits as determined by the Specialist pending the fair hearing decision.  If the fair hearing decision is favorable to the household, the Specialist will restore benefits in accordance with that decision.

If a household believes it is entitled to under issued benefits, but the Specialist does not agree, the household may request a fair hearing on that issue. The Specialist should document requests for under issued benefits in the household's case file, including justification for their decision and the date of that decision. Also, the households should receive a notice of their decision.

19160 HOUSEHOLD COMPOSITION CHANGES

Whenever a household is entitled to restored benefits and the household membership has changed, the Specialist will issue the restored benefits to the household containing a majority of the individuals who were household members at the time the loss occurred.  If the Specialist cannot locate or determine the household which contains a majority of household members, then they will restore the lost benefits to the household which included the head of household at the time the loss occurred.

19200 OVER ISSUANCES/CLAIM DETERMINATIONS

It is the Benefits Specialist responsibility to establish over issuances/claims against a household. These claims should be completed in a timely manner whenever a household has received more benefits than they were entitled to receive.

All adult household members are jointly liable for the value of any overpayment of benefits to the household.

A. Claim Substantiation

Substantiation is defined as supporting the overpayment with proof or evidence (verification) and documentation detailing when, how, why, and the amount of the overpayment. Before the overpayment report, DSS-EA-894, is completed, the overpayment must be substantiated.

All potential SNAP benefit overpayments must be reviewed timely to determine if an overpayment report is required. Requests for verification (substantiation) must be initiated, as soon as possible, within 30 days of the date the potential overpayment was determined. The date the potential overpayment is determined is defined as the date the agency first suspects the household received more benefits than it was entitled to or the date it first suspects that a household may have misused their benefits.

Substantiation may be obtained from the recipient, source, collateral contact, or from the referral source. Each situation is unique and supporting verification is obtained from the most reliable and quickest method. Prudent worker judgement is used to determine how, and