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of overpayments or incorrect Medicaid benefits for those 55 years of age or older or for any member who has resided in a nursing home. Refer any questions about specific estate claims to the ERP staff. 22.1.5.1 Waiver of Estate Claim In estates of members who die on or after April 1, 1995, an heir or beneficiary of the deceased member’s estate or co-owner or beneficiary of a member’s non-probate property may apply for a waiver of an estate claim filed by ERP. To be successful, the person applying for the waiver must show one of these three hardships exist: 1. The waiver applicant would become or remain eligible for AFDC, SSI, FoodShare, or Medicaid if ERP pursued the estate claim. 2. The deceased member’s real property is part of the waiver applicant’s business (for example, a farm) and the ERP recovery claim would affect the property and result in the waiver applicant’s loss of his or her means of livelihood. 3. The waiver applicant is receiving general relief or veteran’s benefits based on need under Wis. Stat. § 45.40(1m). The waiver application must be made in writing within 45 days after the day: 1. ERP mailed its recovery claim to the probate court or its affidavit to the heir, beneficiary, or co- owner or 2. ERP mailed its notice of waiver rights, whichever is latest. The waiver application must include these points: 1. Relationship of the waiver applicant to the deceased member. 2. The hardship under which the waiver is requested. ERP staff must issue a written decision granting or denying the waiver request within 90 days after the waiver application is received by ERP. In determining its decision, ERP must consider all information provided to it within 60 days of its receipt of the waiver application. 22.1.5.2 Notice of Hardship Waiver Rights ERP will provide notice of the waiver provisions to the person handling the deceased member's estate. If ERP is not able to determine who that person is, the notice will be included with the claim when ERP files it with the claim court. The person handling the estate is then responsible for notifying the decedent’s heirs and beneficiaries of the waiver provisions. ERP will provide notice of the waiver provisions to co-owners and beneficiaries of the member’s non- probate property. 22.1.5.3 Administrative Hearings: Hardship Waivers If a waiver application is denied, the waiver applicant may request an administrative hearing. ERP staff will attend the hearing to defend their denial of the hardship waiver. The hearing request must be made within 45 days of the date the ERP decision was mailed.