All Programs

Based on the program requirements listed above, if the customer is eligible for continued benefits, the following apply:

The assistance will continue unless the eligibility period expires or until a decision is issued by the Administrative Law Judge (ALJ). If the eligibility period expires while the hearing or decision is pending, assistance will be terminated. However, the customer can reapply and may be eligible for a new eligibility period with a new benefit level.

If the customer does not request the hearing within 10 days of the action, assistance may be continued if the customer can show good cause for failing to file in a timely fashion. Good cause in this paragraph means that the customer made every effort to comply. Because the Department allows a customer to request a hearing by telephone or mail, good cause does not mean illness, lack of transportation or temporary absence.

Assistance is continued pending a hearing unless the customer requests in writing that they not be continued.

If a customer does not check the box on form 490 requesting assistance to be continued, assistance should be continued.

If the customer originally chose to continue benefits and then wishes to discontinue benefits, the request must be made in writing.

If payments are continued pending a hearing, the customer is responsible for any overpayment in the event the decision supports the Department of Workforce Services (DWS) action. Any overpayment resulting from assistance being issued pending the hearing decision will be referred to a payment specialist.

If a change occurs pending the hearing decision and a customer becomes ineligible or the assistance amount is reduced, assistance will be terminated or reduced based on the change unless a hearing is requested on the new action.

If the decision of the ALJ is adverse to the customer, the customer is not eligible for continued assistance pending any further appeal of the ALJ’s decision.

If a decision favorable to the customer is rendered after a hearing and payment was not made pending the decision, retroactive payment will be paid back to the date of the adverse action if the customer is otherwise eligible.

Continued assistance is provided to the household at the same levels it would have received prior to the decision on which the hearing is based.

If assistance is continued because the customer had requested a hearing to dispute the amount of an overpayment, the assistance is issued minus the recovery amount. However, if the financial assistance is continued because the customer is disputing whether there is an overpayment, the original amount of assistance is reinstated.

Benefits shall not be reinstated for more than 12 months prior to the request for restoration of benefits or when it is discovered the household has lost benefits, whichever occurs first.