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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RECIPIENT CLAIMS

10/24 VOLUME V, PART XVII, PAGE 4

a subpoena duces tecum. A subpoena duces tecum is not appropriate if an employer confirms a monthly breakdown of the income is not available or if the employment records are maintained in another state as some states may not honor another state’s subpoena.

The BPS must: • Verify the beginning and end dates of each period of employment. • Evaluate the individual’s tax return or W-2 forms to calculate a monthly average if other records are not available. VEC records may not be used. • Establish the claim with NFD (No Fraud Decision) status code. Use the NFD code even if there is an agreement with the Commonwealth’s Attorney (CA) to pursue collection prior to prosecution.  Advise the CA the overpayment amount was calculated by using a monthly average instead of the actual monthly wages. • If the case is not accepted for prosecution or the person is found not guilty, collection may still be appropriate and if so, an IDL is required.  Annotate the Overpayment Calculation form generated with the IDL with: “To calculate the overissuance, we used a monthly average as we were not able to get your actual monthly wages from your employer. If you disagree with the use of a monthly average, you may request an agency conference and provide your actual income, and we will recalculate your overissuance to determine if there is any change.”

2. Trafficking Claims

The amount of a claim resulting from trafficking of SNAP benefits will be determined by: • The individual’s admission of the amount trafficked; • A determination by a court; or • Documentation that forms the basis for the trafficking determination, such as EBT transaction data.

For both trafficking and non-trafficking claims, the local department of social services must maintain documentation to support how the claim was calculated.

D. CLAIM ESTABLISHMENT (7 CFR 273.18(d)(1))

A claim must be established before the end of the calendar quarter following the quarter in which the overpayment or trafficking incident was discovered, except as allowed below. The date of discovery is the date the BPS has sufficient information to determine that an overpayment or trafficking offense has occurred. The BPS must document the date of discovery. The BPS must also ensure that no less than 90 percent of all potential claims are either established or disposed of within this time frame.

Timely claim establishment exception: Trafficking claims where the court conviction date or ADH decision date causes the claim to be established outside of the timeliness standard. The BPS must have documentation to support the determination of an IPV by a court, a Waiver, or an ADH and the claim should be established within 30 days of the disposition of a court or an ADH.

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