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West Virginia Income Maintenance Manual Chapter 10
West Virginia Income Maintenance Manual Page 30 Chapter 10 The Case Maintenance Process
through July 2014. Because the request for restored benefits was made in July, benefits can be restored for up to 12 months from June. Restoring Benefits Example 2: On May 1, 2014, an ADH was held. The individual accused of an IPV was present and denied charges made by the DOHS. The client was found guilty of having committed an IPV and was removed from the AG effective June 2014. On September 24, 2014, the disqualification was overturned by a court decision. The DOHS received the court’s decision on October 15, 2014. Benefits can be restored up to 12 months prior to May 2014, the date of the ADH. Benefits are restored to the date of the ADH because none were lost prior to that time. Because benefits were not actually lost until June 2014, when the client was removed, benefits are restored for June, July, August, September, and October. Restoring Benefits Example 3: On July 2, 2013, an ADH was held. No one from the SNAP AG was present to defend the accused member. The client was found guilty and removed from the benefit group effective August 2013. On October 1, 2014, the DOHS is notified of the reversal of the disqualification. Benefits are restored for up to 12 months prior to October 2014, so benefits are restored for October 2013 (12 months prior to October 2014) through September 2014 and also for October 2014 (the month the court decision was made). 10.4.5.D Corrective Actions to Restore Benefits When the Worker determines the AG is entitled to the restored benefits, he must: • Take eligibility system action to adjust the benefit amount to the correct amount. • Identify the month(s) in which benefits have been lost. • Determine the amount of benefits to restore. • Offset lost benefits by the amount of any existing claim against the AG. • Restore benefits within 30 days of the discovery. NOTE: Initial allotments must not be used to offset a claim. See Chapter 1. EXCEPTION: When benefits are restored due to reversal of an IPV disqualification penalty, benefits must be restored within 45 days of the date of notification.