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West Virginia Income Maintenance Manual Chapter 13

West Virginia Income Maintenance Manual Page 37 Chapter 13 Determining Disability, Incapacity, and Blindness

o If the original MRT decision is upheld, the Worker takes the action indicated on the original DFA-NL-C or the eligibility systems notice. No additional 13-day notice period is required. o If the original MRT decision is reversed, the Worker takes the action indicated on the new ES-RT-3 and or DFA-RT-3M. 13.11.3 CLIENT’S RIGHT TO AN MRT RECONSIDERATION Following a negative decision by the MRT, the client may request a reconsideration on the medical evidence originally presented. This reconsideration may also include any additional medical reports the client may provide. The Worker holds the application pending, leaves the active AG open or leaves the individual in the AG, whichever is appropriate, until notified by the MRT. The Worker's action following the final MRT decision is as follows: • If the original MRT decision is upheld, the Worker denies the application, closes the AG, or removes the individual from the AG. • If the original MRT decision is reversed, the Worker approves the application, leaves the AG active, or leaves the individual in the AG. A recording in the eligibility system is required. 13.11.4 CLIENT’S RIGHTS IN THE FAIR HEARING PROCESS In addition to all other reconsiderations, the client has the right to request a Fair Hearing. See Chapter 700 in Common Chapters. This step is usually taken after the second medical report paid for by DOHS, and the reconsideration by the MRT, but the client may choose to bypass either or both of these steps and go directly to a Fair Hearing. The Hearings Officer may, at any point after the client requests a Hearing, request a second medical report, additional medical reports, or a reconsideration by the MRT. The Worker is responsible for arranging any such reports.